Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The term "Pro Bono Net" includes Pro Bono Net. Inc. (the owner and general administrator of www.probono.net), its staff, directors and officers and the individuals and organizations that serve as hosts of each practice area. By using this site, you signify your consent to these terms and conditions and you agree to ensure that any person in your company or firm to whom you grant access to this site will abide by these terms and conditions. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of Pro Bono Net following the posting of changes to these terms will mean you accept these changes.

1. No Legal Services or Attorney-Client Relationship
This site is for members of the public, lawyers, other legal professionals and law students. No attorney-client communications or client confidences should be posted on the site. Your use of this site does not create any attorney-client or fiduciary relationship between you and Pro Bono Net, Inc. or Pro Bono Law Ontario ("PBLO") or its employees. Your use of this site also does not create any attorney-client or fiduciary relationship between you and any other user of the site, including the practice area hosts.

Although this web site may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this web site as a source of legal advice.

2. Privacy and Confidentiality
Pro Bono Law Ontario is a charitable organization that promotes access to justice in Ontario by creating and promoting opportunities for lawyers to provide pro bono (free) legal services to persons of limited means. Our mission is to improve access to justice by providing strategic guidance, training and tailored technical assistance to law firms, law associations, legal departments and other groups that are dedicated to addressing the legal needs of low income and disadvantaged individuals as well as the communities and charitable organizations that serve them.

Our site provides information about PBLO, its current projects, and its ongoing efforts to promote opportunities for pro bono legal services in Ontario. Our site also acts as the entry point for ProbonoNet for Lawyers -- an online resource to assist lawyers who want to volunteer and ProbonoNet for the Public a site for the general public who seek access to pro bono services.

PBLO does not require the general public to provide Personal Information to access and use our site. However, if you are a lawyer and want to access the ProbonoNet for Lawyers member site, you must sign up as a member. PBLO requires you to provide your name, address, phone number, employer name, position and e-mail address to register as a member. You may also voluntarily provide other Personal Information to PBLO when registering as a member. To the extent that PBLO collects any Personal Information, this Privacy Policy is designed to tell you about PBLO's practices regarding collection, use, and disclosure of such Personal Information. Please be sure to read this entire Privacy Policy before using or submitting information to this site. Your use of this Site means that you have reviewed the Terms and Conditions of Use and this Privacy Policy and agree that we may collect, use and disclose your Personal Information in accordance with both documents.

What Personal Information PBLO May Collect

We consider "Personal Information" to mean any information recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g., name, title, business address).

To access and use the members' site, users are required to provide certain Personal Information, such as their name, address, phone number, employer name, position and e-mail address. Each user is also required to create a password which is used to log in to the site.

Pro Bono Net Inc. (PBN), the owner and administrator of PBLO's websites, employs "cookies" to recognize a subscriber and his or her access privileges, as well as to track usage. Demographic information may be combined with site usage reports to profile, in aggregate form, users and their interests.

This Policy does not cover aggregated data from which the identity of an individual cannot be determined. PBLO retains the right to use aggregated data in any way that it determines appropriate.

Why PBLO May Collect Personal Information

PBLO may use the Personal Information provided orally or in writing (including via electronic media) by members to:

(a) Track pro bono participation in Ontario;
(b) Manage access to our portal;
(c) Add members to the PBLO mailing list;
(d) Process user registrations;
(e) Maintain user accounts;
(f) Allow us to customize content for our users;
(g) Meet legal and regulatory requirements; and
(h) Such other purposes consistent with these purposes.

How PBLO Collects and Uses Personal Information

PBLO only collects, uses and discloses Personal Information for the purposes described above as would be considered reasonable in the circumstances and only such information as is required for such purposes. We use only fair and lawful methods to collect Personal Information.

Our use of Personal Information is limited to the purposes described in this Policy and PBLO does not otherwise sell, trade, barter, exchange or disclose for consideration any Personal Information it obtains.

Personal Information in the form of name, e-mail address, and password will only be used for authenticating access to and managing the site.

Our site has links to the National Public Automated Documents Online (NPADO) website as well other websites that are not under our control. PBLO is not responsible for the contents of any linked website, or any links or updates contained in a linked website. We encourage you to read the privacy policy of the NPADO website, as well as any other website you visit.

When PBLO May Disclose Your Personal Information

PBLO members will receive the PBN newsletter and other occasional informational emails from PBN pursuant to PBLO's service agreement with PBN.

Where PBLO discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to PBLO, our users or the person concerned and to have appropriate safeguards for the protection of that Personal Information.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where PBLO is obliged to disclose information without consent. Such circumstances may include:

a) Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
b) Where PBLO believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
c) Where it is necessary to permit PBLO to pursue available remedies or limit any damages that we may sustain; or
d) Where the information is public.

Where obliged or permitted to disclose information without consent, PBLO will not disclose more information than is required.

Consent

Unless permitted by law, no Personal Information is collected without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where PBLO wishes to use the information for a purpose not previously identified or for which the individual concerned has not previously consented.

By providing Personal Information to PBLO you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Policy. In addition, where appropriate, specific authorizations or consents may be obtained from time to time.

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. This notice may be provided to the Privacy Officer Please see the Section "Resolving Your Privacy Concerns" below for contact information. It should be noted that in certain circumstances, services can only be offered if you provide Personal Information to PBLO. Consequently, if you choose to not provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.

The Accuracy and Retention of Personal Information

PBLO endeavours to ensure that any Personal Information provided and in its possession is as accurate, current and complete as necessary for the purposes for which we use that information. Users of our site are responsible for informing PBLO of any changes in their Personal Information. If we become aware that Personal Information is inaccurate, incomplete or out of date, PBLO will revise the Personal Information.

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the service and the nature of the information. This period may extend beyond the end of a person's relationship with PBLO but it will be only for so long as it is necessary to have sufficient information to respond to any issues that may arise at a later date.

When your Personal Information is no longer required for our purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

At present, the principal place in which PBLO holds Personal Information is at PBN's server facilities in New Jersey, U.S.A.

Protection of Personal Information

PBLO endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

PBLO further protects Personal Information by restricting access to it to those employees that the management of PBLO has determined need to know that information in order that we may provide our services.

If any employee of PBLO misuses Personal Information, this will be considered a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information - provided for the purpose of providing services to or for PBLO - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between PBLO and that individual or organization.

Access To Your Personal Information

PBLO permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than thirty (30) days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

We will provide information from our records in a form that is easy to understand. PBLO reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.

PBLO reserves the right to decline to provide access to Personal Information in certain circumstances as permitted or required by law. This may occur for example where the information requested:

a) Would disclose (i) Personal Information, including opinions, about another individual or about a deceased individual; or (ii) trade secrets or other business confidential information that may harm PBLO or the competitive position of a third party;
b) Would interfere with contractual or other negotiations of PBLO or a third party;
c) Is subject to solicitor-client, litigation or other legal privilege;
d) Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
e) Does not exist, is not held, or cannot be found by PBLO;
f) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
g) May be withheld or is requested to be withheld under applicable legislation.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for nondisclosure.

PBLO will not charge you for verifying or correcting your information however, to the extent permitted by applicable law, there may be a minimal charge if you need a copy of records.

Resolving Your Privacy Concerns

In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact PBLO's Privacy Officer by sending an e-mail to info@pblo.org or calling 416-977-4448.

The Privacy Officer will investigate all complaints. If a complaint is justified, PBLO will take all reasonable steps to resolve the issue.

If PBLO is unable to resolve your concerns to your satisfaction and you live in a province that has enacted personal information protection legislation, we will provide you with contact information with the appropriate Privacy Commissioner in that province. If you live in a province that does not have such legislation, you may contact the Privacy Commissioner of Canada by writing to:

The Privacy Commissioner of Canada
Place de Ville
Tower B, 3rd Floor
112 Kent Street
Ottawa, Ontario K1A 1H3


3. Rules Relating to Submission and Deletion of Materials
Pro Bono Net members are entitled to submit memoranda, newsletter articles, outlines and other substantive materials for posting in the appropriate forum or practice area database. In posting works on Pro Bono Net, you are legally responsible for honoring the rights of others, including, but not limited to, intellectual-property rights (copyright, patent, and trademark), the right to privacy, and the right not to be defamed. Pro Bono Net members shall not submit any material that is infringing, defamatory, violative of any applicable law or otherwise detrimental to the system. It is a violation of this agreement to use your Pro Bono Net membership in any way violative of the laws of New York and/or the United States.

Since the law as to jurisdiction of on-line systems is unsettled, we urge you to consider the possible effect of laws outside Pro Bono Net's location (New York City) or your own residence on your submissions. Pro Bono Net is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and Pro Bono Net cannot guarantee that works you post on this site will not subject you to legal sanctions in other jurisdictions.

Pro Bono Net will delete any materials at the request of the member who submitted the materials. Pro Bono Net reserves the right to delete (or to refuse to post) any materials it deems detrimental to the system. Pro Bono Net reserves the right to edit materials submitted by members.

Pro Bono Net shall be used only in a noncommercial manner by you. By using Pro Bono Net, you agree that you will not, without the express approval of Pro Bono Net, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically agree that soliciting other Pro Bono Net members to join or become members of any commercial on-line service or other organization is expressly prohibited.

Each party that submits materials agrees that in uploading files to the system, it will use only computer systems employing reasonable means to check for and prevent the spread of computer viruses.

4. Rules Regarding Copyright on Submitted Materials
In posting a work on a service offered by Pro Bono Net, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting among Pro Bono Net practice areas, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to Pro Bono Net to copy your works as part of the normal backup process, and to site administrators to archive topics containing your works.

5. No Warranties and Limitation of Liability
Information provided on this web site is provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or noninfringement. Pro Bono Net periodically adds, changes, improves, or updates the information and documents on this web site without notice. Pro Bono Net assumes no liability or responsibility for any errors or omissions in the content of this web site. Your use of this web site is at your own risk. EACH MEMBER BY REGISTERING TO USE THIS SITE WAIVES ANY AND ALL CLAIMS RELATING TO THE USAGE OF THE SYSTEM OR MATERIAL OR INFORMATION MADE AVAILABLE THROUGH THE SYSTEM, WHETHER SUCH CLAIMS ARE AGAINST PRO BONO NET OR ANY OTHER PERSON WHO HAS SUPPLIED MATERIAL TO THE SYSTEM. Under no circumstances and under no legal theory shall Pro Bono Net, its suppliers, or any other party involved in creating, producing, or delivering this Web site's contents be liable to you or any other person for any damages, including but not limited to indirect, special, incidental, or consequential damages of any character arising from your access to, or use of, this web site.

You agree to indemnify and hold Pro Bono Net, Pro Bono Law Ontario and its members harmless from any claim arising as a result of your use of the system or the materials you upload or post on the system.

6. Rules Regarding Pro Bono Net Copyrights
Pro Bono Net retains its copyright in the layout and graphics of this site, the collective and compilation copyrights in all databases and navigation design, and all other content created by employees of Pro Bono Net.

Pro Bono Net and Pro Bono Law Ontario authorizes you to view, copy, download, and print the materials on this web site in which it has a copyright for the purpose of fair use, subject to the following conditions:

• The materials may be used solely for personal, noncommercial, and informational purposes.
• The materials may not be modified.
• Any original copyright notice that appears on the work must appear on all copies.

The reproduction, copying, or redistribution of materials in which Pro Bono Net or Pro Bono Law Ontario has a copyright for commercial purposes is prohibited without the express written permission of Pro Bono Net or Pro Bono Law Ontario. To obtain permission to copy portions of this site, please send e-mail to info@probono.net (for PBN) and/or info@pblo.org (for PBLO) and provide the following information in the body of the email:

• the content you wish to use
• where and how it will be used (for example, a book cover, magazine article, a brochure)
• where and how copies will be distributed and to what audience
• how many copies will be produced and distributed
• when you intend to publish
• what other non-Pro Bono Net materials will be associated with the Pro Bono Net or Pro Bono Law Ontario content
• your name, title, company, address, email address, and phone number

We will evaluate your request and advise you as soon as possible. Pro Bono Net and Pro Bono Law Ontario reserve the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our web site.

Nothwithstanding anything to the contrary, nothing herein prohibits the use of Pro Bono Net's graphics for the purposes of linking to Pro Bono Net.

7. Rules Regarding Pro Bono Net Service Marks and Trade Dress
Pro Bono Net service marks and trade dress identify Pro Bono Net products and services and let the public know the source of those products and services. You may make fair use of our service marks in referencing our products and services (for example, in a magazine article or in creating a link to Pro Bono Net) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.

You may not use Pro Bono Net logos, "design" service marks (as opposed to our service marks consisting solely of words), or trade dress under any circumstances without our prior written authorization; provided, however, you may use Pro Bono Net's "design" service marks for the puposes of linking to Pro Bono Net.

In addition, you may not use Pro Bono Net service marks, whether design or word marks, or trade dress in the following ways:

• in a non-Pro Bono Net service name or publication title
• in, as, or as part of, your own service or trademarks
• to identify products or services that are not Pro Bono Net's
• in a manner likely to cause confusion
• in a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products, and services
• as hidden or embedded text in web pages in an effort to cause a search of Pro Bono Net marks to result in a hit on a page not maintained by Pro Bono Net
• in a manner disparaging of Pro Bono Net

8. Links to Third Party Sites
If you use any links in this web site to web sites not maintained by Pro Bono Net, you will leave the Pro Bono Net web site. The linked sites are not under the control of Pro Bono Net and Pro Bono Net is not responsible for the contents of any linked site or any link contained in a linked site. Pro Bono Net provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Pro Bono Net of the site, nor does it imply that the linked site recommends, approves of, or endorses Pro Bono Net.

9. Termination
Each subscriber is free to terminate his or her membership at any time for any reason. Pro Bono Net may terminate or suspend the privileges of any person to use Pro Bono Net and its related services without notice for any reason in its sole discretion, including but not limited to having reached the conclusion that any member has breached these terms or applicable rules. Pro Bono Net shall be free to terminate its provision of this service at any time.

10. Change of Information in the Roster
If any information that was provided by you when joining a practice area has changed, you must inform us. In particular, any change in formation regarding your employer or affiliation must be immediately reported to the host of each practice area of which you are a member.

11. Choice of Forum
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent to the personal jurisdiction of such courts for the purpose of litigating any action.

12. Arbitration

Any controversy or claim arising out of or relating to your use of Pro Bono Net, these Terms and Conditions for Pro Bono Net or the breach thereof, will be settled by binding arbitration conducted before one arbitrator who is knowledgeable in computer and cyberspace law. The site of any such arbitration shall be in New York City, New York. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator will be binding and conclusive on the parties and judgment upon such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The arbitrator will not be empowered to award punitive damages to either party.

13. Integration
These terms and conditions, including any supplemental rules posted on the system, incorporated herein by reference, constitute the complete statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to the subject matter hereof.

14. Severability
If any provision of these terms is found to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms and Conditions for Pro Bono Net will in any event remain valid and enforceable.