Terms and Conditions
The following terms and conditions (“Terms and Conditions”) govern your use of the Web Site located at http://www.dsba.org (the “Site”). By accessing, viewing, and/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.
- 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, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © Delaware State Bar Association. All rights reserved. The Delaware State Bar Association (“DSBA”) 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 DSBA, 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 DSBA, without DSBA’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 DSBA or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
- Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to the Online Lawyer Referral Service of the Delaware State Bar Association (“OLRS”) via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be unconditionally guaranteed as secure. Therefore, no sensitive or confidential information should ever be sent or submitted.
- 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.
OLRS AND DSBA MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND OLRS, 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, OLRS AND DSBA 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.
OLRS AND DSBA 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 OLRS AND DSBA 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.
NEITHER DSBA, OLRS, ANY OF IT’S OFFICERS, STAFF, OR MEMBERS MAKE ANY REPRESENTATION CONCERNING THE ATTORNEYS REFERRED TO YOU BY THE WEBSITE EXCEPT THAT SUCH ATTORNEYS ARE MEMBERS OF DSBA ADMITTED TO PRACTICE LAW IN THE STATE OF DELAWARE. YOU HEREBY WAIVE ANY CLAIM AGAINST DSBA OR OLRS BASED ON ATTORNEY REFERRAL.
- Corrections and Changes
DSBA 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, DSBA is not responsible for any errors or omissions in the Site or Site Materials. DSBA 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 DSBA makes no commitment to update the information contained on or in this Site. DSBA 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.
You agree to defend, indemnify, and hold harmless DSBA, 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.
- 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 DSBA exercises no control, and DSBA 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, DSBA 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.
- Governing Law and Jurisdiction
This Site and OLRS is provided as a public service of DSBA. The information on this Site shall in no way be construed as legal advice, and OLRS and DSBA 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 DSBA. DSBA 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 DSBA.
Lawyers opting into OLRS represent that they practice, have experience, and can represent clients competently as provided by Rule 1.1 of the Delaware Lawyer’s Rules of Professional Conduct in any areas of practice they designate, any states they indicate they are admitted to practice in, and any languages they affirm they are able to speak.
- Collection of Personal Information from Site Visitors
OLRS 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 OLRS 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, OLRS may record information identifying the visitor or linking the visitor to the search performed. OLRS 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.
- Use of Personal Data Collected
- 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 OLRS in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of OLRS or any other person or entity.While OLRS may undertake efforts to see that any third party to which OLRS 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 OLRS exercises no control, and OLRS is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and OLRS 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 Web sites or advertisements for or placed by third parties. OLRS 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.
- Security Measures
OLRS has implemented numerous security features to prevent the unauthorized release of or access to personal information. Please be advised, however, that the confidentiality of any communication or material transmitted to or from OLRS via this Site or e-mail cannot be unconditionally guaranteed. Accordingly, OLRS is not responsible for the security of information transmitted via the Internet.
- 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 OLRS as set forth herein.