TERMS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE LEGAL AID SOCIETY, INC. (“THE LEGAL AID SOCIETY” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.LEGALAIDNYC.ORG AND WWW.LEGAL-AID.ORG (THE “WEBSITE”), IS OWNED AND OPERATED BY THE LEGAL AID SOCIETY.  BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”). YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY THE LEGAL AID SOCIETY.

THE LEGAL AID SOCIETY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE.  YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY THE LEGAL AID SOCIETY FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT.  YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

About The Legal Aid Society and this Website

 The Legal Aid Society is an organization dedicated to advocating for the rights of all New Yorkers.  Since 1876, The Legal Aid Society has been a voice for those who struggle to access justice because of poverty.  This Website provides users with access to a variety of information and resources related to work that we do, including e-newsletters, upcoming events, opportunities to volunteer, information related to legal actions, defenses, claims and processes, and other relevant content (collectively, the “Content”).  The Website also provides a variety of opportunities to support The Legal Aid Society, such as through donating.

 Registration; Personal Information

 You can visit the Website and access some of the Content, features and functionality without being required to provide us with any personal information. However, access to certain Content, features and functionality may require that you provide us with some personally identifying information about yourself, as more specifically detailed in our Privacy Policy, located here.  If you opt to make a monthly, recurring donation, you will also have the option of storing credit card information in order to easily facilitate such future donations, as further described below.

Age Requirements

Features and functions of The Legal Aid Society’s Website that collect personally identifying information – such as features that enable visitors to sign up to receive e-mail messages or newsletters – are intended solely for users who are 13 years of age or older.  Any submission of personally identifying information, such as a name and/or e-mail address, by anyone under 13 is unauthorized.

If you reside in the European Economic Area, Switzerland and the United Kingdom, you must be 16 years of age or older to submit personally identifying information.  Any submission of personally identifying information by a user under 16 who resides in the European Economic Area, Switzerland and the United Kingdom is unauthorized.

If you are under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision.  Additionally, you must be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as volunteering – to those who are at least 18 years of age.

If you reside in a jurisdiction that would restrict the use of the Website – or any of the functionalities or features offered via the Website – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.

Limited License And Site Access; All Rights Reserved

The Legal Aid Society hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Legal Aid Society or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content, or any derivative use of this Website or the Content.  This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Legal Aid Society. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Legal Aid Society without The Legal Aid Society’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of The Legal Aid Society’s name(s) or service marks without the express written consent of their owners.  We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted.  Any unauthorized use terminates the permission or license granted by The Legal Aid Society.

Intellectual Property Rights

 Copyright 

Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of The Legal Aid Society or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of The Legal Aid Society and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal (non-commercial) use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of The Legal Aid Society or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by The Legal Aid Society. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Legal Aid Society does not warrant or represent that your use of Content, or any other materials displayed on this Website, will not infringe rights of third parties.  If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at 212-577-3300 and ask for the General Counsel; or write us at:

The Legal Aid Society
General Counsel
199 Water Street

New York, New York  10038

Please include all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of The Legal Aid Society. The Legal Aid Society name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The Legal Aid Society.  All other trademarks, service marks, trade dress, company names or logos, whether registered or not, on the Website are the property of their respective owners.  In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of The Legal Aid Society.

Payments And Payments Processing; Rules For All Payments 

The Legal Aid Society Website provides the ability to make an online donation. The Legal Aid Society has engaged the services of third party payment services providers to process all donation/payment transactions; we also engage a variety of other third party providers to solicit and collect funds on our behalf (which third parties are involved depend upon the transaction and the venue in which such transaction is made).  These third party companies manage the routing of applicable customer information through the credit card and electronic check processing networks, as applicable.  The Legal Aid Society is not affiliated with these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of any such company.  Accordingly, The Legal Aid Society expressly disclaims responsibility and liability for all services provided by such third parties, including those related to donation/payment transactions, and you hereby agree that The Legal Aid Society shall not be responsible for any loss or damage of any sort incurred as a result of any such services.

You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any payment transaction, please contact us at 212-577-3300 and ask for the Director of Development.

Prohibited Use

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website.  Nor shall you use or attempt to use this Website to: (i) access systems, data or information not intended by The Legal Aid Society to be made accessible to a user or (ii) attempt to obtain any materials or information through any means not intentionally made available by The Legal Aid Society.  In addition, in connection with your use of the Website, you agree you will not: a) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage legalaidny.org, in accordance with the limited license and site access outlined above; b) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; c) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website.  The Legal Aid Society reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account.  The Legal Aid Society may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, The Legal Aid Society reserves the right at all times to disclose any information as The Legal Aid Society deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Legal Aid Society’s sole discretion.

Links To Third-Party Websites/Materials/Content

This Website contains hyperlinks to other sites – such as the “ADP” recruitment website – as well as to a variety of social media sites – all of which are owned and operated by parties other than The Legal Aid Society.  We do not control the websites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services.  Any such websites may set forth specific terms of use and privacy policies that you should review. The Legal Aid Society is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever.  The Legal Aid Society shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website.  The Legal Aid Society is not responsible for the privacy practices – or lack thereof – of any other website.

Service Provided In United States; Compliance With Laws

The Legal Aid Society Website is hosted in the United States.  If you are a non-U.S. user of the The Legal Aid Society Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws.  Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the Content, is available or legal in any particular location.  This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Legal Aid Society to any registration requirement within such jurisdiction or country.  You hereby acknowledge and agree that you are choosing to access the Websites and all related services, information and/or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.

No Legal Advice

THE CONTENT, MATERIALS, INFORMATION AND RESOURCES PROVIDE ON THIS WEBSITE HAVE BEEN PREPARED BY THE LEGAL AID SOCIETY FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE.  THIS INFORMATION  – INCLUDING ANY INFORMATION RELATED TO LEGAL ACTIONS, REMEDIES, CLAIMS AND PROCESSES – IS NOT INTENDED TO CREATE, AND RECEIPT OF IT DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP.  YOU SHOULD NOT ACT UPON ANY INFORMATION WITHOUT RETAINING PROFESSIONAL LEGAL COUNSEL.  PLEASE DO NOT SEND US ANY UNSOLICITED INFORMATION UNLESS YOU GET EXPLICIT AUTHORIZATION TO SEND THAT INFORMATION TO US.  NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED UNLESS AND UNTIL THERE IS A WRITTEN AND SIGNED ENGAGEMENT LETTER BETWEEN YOU AND AN ATTORNEY WORKING ON BEHALF OF THE LEGAL AID SOCIETY.  SOME SECTIONS OF THIS WEBSITE MAY DESCRIBE LEGAL MATTERS HANDLED IN THE PAST BY THE LEGAL AID SOCIETY; THE RESULTS FOR THESE MATTERS DEPENDED UPON A VARIETY OF FACTORS, EACH UNIQUE TO ITS OWN SITUATION, AND IS NOT INDICATIVE OF THE SUCCESS OR OUTCOME OF ANY OTHER CASE.

General Disclaimer

The Content, materials, resources and other information contained on this Website has been prepared by The Legal Aid Society as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely.  The Legal Aid Society has used reasonable efforts in collecting, preparing and providing such Content, materials, resources and other information, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, materials, resources and other information contained in or linked to this Website or any other Website maintained by The Legal Aid Society.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  ALL CONTENT, RESOURCES, MATERIALS, AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE LEGAL AID SOCIETY EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy.  THE LEGAL AID SOCIETY MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, MATERIALS OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation Of Liability

In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE LEGAL AID SOCIETY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE CONTENT, OR ANY OTHER MATERIALS, RESOURCES INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE LEGAL AID SOCIETY, EVEN IF THE LEGAL AID SOCIETY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE LEGAL AID SOCIETY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless The Legal Aid Society, its affiliates, its contractors, and all of its and 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 i) your use of this Website, Content, ii) your fraud, violation of law, or iii) willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in The Legal Aid Society’s sole discretion.

 Severability/Waiver

If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 Governing Law And Jurisdiction

These Terms of Use and your access to and use of this Website are governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the state and federal courts located in the New York City, N.Y., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND THE LEGAL AID SOCIETY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE LEGAL AID SOCIETY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE LEGAL AID SOCIETY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.  YOU AND THE LEGAL AID SOCIETY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE LEGAL AID SOCIETY, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Force Majeure

The Legal Aid Society shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices

Any notices to you from The Legal Aid Society regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

 Website Privacy Policy

Our Website Privacy Policy, located at www.legalaidny.org, describes the details of The Legal Aid Society’s information practices and procedures for personal information we collect on this Website.  We strongly urge you to read our Website Privacy Policy prior to providing us any personal information.

Date These Terms of Use were Last Updated: July 24, 2019.