Legal Aid Services of Oklahoma Online Terms of Use

By using this website, legalaidok.org, oklaw.org or probono.net/ok, or any other website on which these Terms and Conditions reside (collectively, the “Site”), you accept and agree to these Terms and Conditions of Use. This Site is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you should not use this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, participating in discussion groups, using automated documents, and/or submitting information to Legal Aid Services of Oklahoma online, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Oklahoma law.

From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Legal Aid Services of Oklahoma may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Legal Aid Services of Oklahoma will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN LEGAL AID SERVICES OF OKLAHOMA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Legal Aid Services of Oklahoma Content

Content on this Site that is provided by Legal Aid Services of Oklahoma or its licensors, including certain art work, graphics, videos, webcasts, photographs, images, screen shots, text, music, digitally downloadable files, clips, trademarks, logos, slogans, and the compilation of the foregoing (“Legal Aid Services of Oklahoma Content”) is the property of Legal Aid Services of Oklahoma and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Legal Aid Services of Oklahoma Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Legal Aid Services of Oklahoma, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Legal Aid Services of Oklahoma and/or its licensors, that dilutes the strength of Legal Aid Services of Oklahoma or its licensor’s property, or that otherwise infringes Legal Aid Services of Oklahoma or its licensors’ intellectual property rights. You further agree to in no other way misuse any Legal Aid Services of Oklahoma Content or third party content that appears on this Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at web@laok.org.

Information Not Legal Advice

The information on this Site, including, without limitation, information and material provided through the Site, participating in discussion groups, and using automated documents, is not legal advice. Legal information is not the same as legal advice, which is the application of law to an individual’s specific circumstances. The information on this Site is not a substitute for and does not replace the advice or representation of a licensed attorney. Although Legal Aid Services of Oklahoma goes to great lengths to make sure the information on the Site is accurate and up to date, we make no claim as to the accuracy of this information and are not responsible for any consequences that may result from the use of this Site. We recommend that you consult with a licensed attorney if you want assurance that the information on the Site and your interpretation of it are appropriate for your particular situation. You should not and are not authorized to rely on this Site as a source of legal advice. The use of this Site does not create an attorney-client relationship between Legal Aid Services of Oklahoma and any user.

Use of the Site

The following requirements apply to your use the Site:

• You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.

• You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

• You will not collect or store personal data about other users.

• You will not use the Site for any commercial purpose not expressly approved by Legal Aid Services of Oklahoma Online in writing. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

• You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Accounts, Security, Passwords

Certain areas of the Site may require registration or may otherwise ask you to provide information such as a city, county or zip code to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. If the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Legal Aid Services of Oklahoma immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Legal Aid Services of Oklahoma is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Posting Policy

From time to time on certain areas of our Site you may be able to submit certain materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Legal Aid Services of Oklahoma; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Legal Aid Services of Oklahoma, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Legal Aid Services of Oklahoma may cancel your account and delete all User Content associated with your account at any time, and without notice, if Legal Aid Services of Oklahoma deems that you have violated these Terms, the law, or for any other reason. Legal Aid Services of Oklahoma assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Legal Aid Services of Oklahoma limited, non-exclusive, sublicensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Legal Aid Services of Oklahoma and Company Affiliates harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Legal Aid Services of Oklahoma or this Site.

The information and opinions expressed in postings on the Site are not necessarily those of Legal Aid Services of Oklahoma or its content providers, advertisers, sponsors, affiliated or related entities, and Legal Aid Services of Oklahoma e makes no representations or warranties regarding that information or those opinions. Legal Aid Services of Oklahoma does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others.

You acknowledge that any reliance on material posted by other users will be at your own risk.

Responsibility for and Our Right To Edit Or Delete Postings

Legal Aid Services of Oklahoma does not control and is not responsible for any notes, messages, billboard postings, blogs, ideas, suggestions, concepts or other material, or files delivered to the Site by you or other users. Legal Aid Services of Oklahoma is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Legal Aid Services of Oklahoma reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Legal Aid Services of Oklahoma is not responsible or liable for damages of any kind arising from any postings even when Legal Aid Services of Oklahoma is advised of the possibility of such damages, or from Legal Aid Services of Oklahoma’s alteration or deletion of any posting.

Representations, and Limitations of Liability

Legal Aid Services of Oklahoma and Company Affiliates make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Legal Aid Services of

Oklahoma or the Company Affiliates. You acknowledge that any reliance on material posted by other users or communicated will be at your own risk. The Internet may be subject to breaches of security. Legal Aid Services of Oklahoma and the Company Affiliates are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Site, Legal Aid Services of Oklahoma or the Company Affiliates any information or posting information to the Site. Legal Aid Services of Oklahoma and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE SITE, THE LEGAL AID SERVICES OF OKLAHOMA CONTENT AND THE USER CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. LEGAL AID SERVICES OF OKLAHOMA AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,WITH RESPECT TO THE SITE, THE LEGAL AID SERVICES OF OKLAHOMA CONTENT AND THE USER CONTENT.

YOU AGREE THAT LEGAL AID SERVICES OF OKLAHOMA AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE SITE, ANY MATCHING PROGRAM, THE LEGAL AID SERVICES OF OKLAHOMA CONTENT OR THE USER CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE SITE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LEGAL AID SERVICES OF OKLAHOMA, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE SITE, THE LEGAL AID SERVICES OF OKLAHOMA CONTENT, OR THE USER CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF SITE USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH SITE USERS, EVEN IF LEGAL AID SERVICES OF OKLAHOMA OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS.

THE SITE CONTAINS, FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LEGAL AID SERVICES OF OKLAHOMA DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER LEGAL AID SERVICES OF OKLAHOMA NOR THE COMPANY AFFILIATES GIVE LEGAL ADVICE. IN NO EVENT WILL LEGAL AID SERVICES OF OKLAHOMA OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS SITE, REGISTERING WITH THE SITE, ACCEPTING ANY INFORMATION FROM THIS SITE, SUBMITTING ANY INFORMATION TO THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LEGAL AID SERVICES OF OKLAHOMA AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:

(A) YOUR BREACH OF THESE TERMS;

(B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SITE, THE LEGAL AID SERVICES OF OKLAHOMA CONTENT, OR THE USER CONTENT;

(D) YOUR USER CONTENT;

(E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU;

(F) ANY MISREPRESENTATION MADE BY YOU;

(G) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SITE;

(H) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD;

(I) YOUR PARTICIPATION IN ANY MATCHING PROGRAM; OR

J) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD.

YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LEGAL AID SERVICES OF OKLAHOMA’S DEFENSE OF ANY CLAIM. LEGAL AID SERVICES OF OKLAHOMA RESERVES THE RIGHT, AT ITS 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 THE WRITTEN CONSENT OF LEGAL AID SERVICES OF OKLAHOMA.

Linking to Other Websites

When using the Site, you may be directed to content and websites that are not contained within our Site. External websites are governed by their own terms and conditions of use, and you agree that you recognize that Legal Aid Services of Oklahoma takes no responsibility for the contents of other linked websites, including those provided by the government. External websites linked to or from the Site are not under the control of Legal Aid Services of Oklahoma, and we are not responsible for any link contained in a linked site. These links are provided only as a convenience. Inclusion of any link does not imply recommendation, approval or endorsement of that website by Legal Aid Services of Oklahoma, nor does it imply that the linked site recommends, approves of, or endorse the Site.

One of the websites that may be linked to by the Site is the Law Help Interactive (LHI) server (formerly known as the National Public Automated Documents, or NPADO server). When you use the LHI server, you are no longer on our Site and are subject to different terms and conditions of use. Please note the difference, and take the time to read and understand the terms and conditions of use of the LHI website.

Online Feedback

Legal Aid Services of Oklahoma provides the opportunity for users to give online feedback so that you may comment on the materials that you find on the Site. This feedback is always optional. The purpose of the feedback is to improve the Site for other users.

Miscellaneous

Both you and Legal Aid Services of Oklahoma acknowledge and agree that no partnership is formed and neither of you nor Legal Aid Services of Oklahoma has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the internal laws of Oklahoma without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Oklahoma City, Oklahoma. These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. The failure of Legal Aid Services of Oklahoma to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Legal Aid Services of Oklahoma, shall not be deemed a breach of these Terms.

If Legal Aid Services of Oklahoma fails to act with respect to your breach or anyone else’s breach on any occasion, Legal Aid Services of Oklahoma is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Legal Aid Services of Oklahoma, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Legal Aid Services of Oklahoma regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.