1. This Agreement
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you and Public Justice, P.C. and the Public Justice Foundation (collectively, “Public Justice”) regarding your use of Public Justice’s website, including among other things the content and links thereon (collectively, the “Website”). By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and Public Justice’s Privacy Policy (the “Privacy Policy”).
By using the Website, you further represent and warrant that you are 18 years old or older, and that you are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
2. Changes
Public Justice may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Public Justice obtains your consent, any revised Privacy Policy will apply only to information collected by Public Justice after such time as the revised Privacy Policy takes effect.
Public Justice also may, at any time and without notice, modify or discontinue the Website. You agree that Public Justice shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
3. Informational Purposes Only
Public Justice hereby grants you a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for your personal use. The content on the Website includes court filings, descriptions, articles, publicity materials, opinions, news accounts, information about members, etc. Public Justice does not warrant any of this content to be accurate or complete.
The Website is an information starting point. The Website does not provide or replace individualized legal advice. The Website may include information which is out-of-date, jurisdiction-specific, incomplete or applicable only based on a specific set of facts and this may not apply to your situation. Use of the Website does not create an attorney-client relationship between you and Public Justice. If you are in need of legal advice, seek individual attorney advice and DO NOT rely on Public Justice. PUBLIC JUSTICE IS NOT YOUR LAWYER.
4. No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND PUBLIC JUSTICE. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM PUBLIC JUSTICE BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If you would like Public Justice P.C. to represent you, please follow the process described at our Submit a Case page. If Public Justice P.C. agrees to represent you, it will inform you and will provide an engagement agreement setting forth the basis of the representation. Unless and until you have executed and returned that engagement agreement, no attorney-client relationship exists.
Unless an attorney-client relationship exists between you and Public Justice P.C., you shall not represent to any third party, either directly or by implication, that you are represented by Public Justice or Public Justice, P.C., or that Public Justice is in any way involved in your matter.
5. No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF PUBLIC JUSTICE, INFORMATION PROVIDED BY YOU TO PUBLIC JUSTICE MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Public Justice already represents, or in the future may represent, a party whose interests are adverse to yours. In that case, Public Justice may not be able to treat information received from you as privileged.
6. Prohibited Uses
You represent and warrant that you will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
c. Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
d. Harm the goodwill or standing of Public Justice or any of its clients, members, Directors, state coordinators, staff, affiliates, agents, contractors or representatives;
e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
Public Justice reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
7. Third-Party Websites
The Website may contain links to websites operated by third parties (“Third-Party Websites”). Public Justice does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Public Justice has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, you assume all responsibility and liability for all resulting harms, whether to you or to any third party, including without limitation as resulting from your downloading or use of any content, software or other materials.
8. Intellectual Property
The content located on the Website is the copyrighted property of Public Justice or its licensors. Similarly, the Public Justice name, the publicjustice.net domain name, and all other names and logos used by Public Justice in connection with the offering of Public Justice services are the trademarks and service marks, or registered trademarks or registered service marks, of Public Justice or its licensors. Except as explicitly permitted, neither your use of the Website nor this Agreement grants you any right, title or interest in or to Public Justice and Public Justice’s licensors’ copyrights, trademarks and service marks. ALL RIGHTS RESERVED.
If you believe that material located on or linked to by the Website infringes one or more of your copyrights, please immediately notify Public Justice in sufficient detail to permit Public Justice to find and positively identify that material.
9. DISCLAIMER OF WARRANTIES
PUBLIC JUSTICE HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLIC JUSTICE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
10. LIMITATION OF LIABILITY
THE LIABILITY OF PUBLIC JUSTICE IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLIC JUSTICE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO PUBLIC JUSTICE, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF PUBLIC JUSTICE UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO PUBLIC JUSTICE IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $100, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PUBLIC JUSTICE AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
11. Indemnity
You agree to defend, indemnify and hold harmless Public Justice and its members, Directors, state coordinators, staff, affiliates, agents, contractors and representatives (the “Public Justice Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) your use of the Website; (ii) any violation by you of this Agreement; or (iii) your submission to Public Justice by means of the Website of incomplete, inaccurate or untimely information or other data. The Public Justice Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
12. Termination
In the event of a breach by you, all licenses granted to you hereunder shall automatically terminate. Any termination of this Agreement terminates all of your rights to use the Website, including your license to the content located thereon.
Without limiting any other provision of this Agreement, Public Justice reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
13. Communication Concerning Availability of Professional Employment
The Website and certain issues of the Newsletter are “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, “Solicitations” as also defined by that rule. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
14. Choice of Law; Jurisdiction and Venue
This Agreement shall be interpreted and enforced as though executed in Oakland, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OAKLAND, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
15. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Public Justice and you concerning your use of the Website. This Agreement may only be modified as stated in Section 2, above.
16. Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
17. Assignment
This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Relationship
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between you and Public Justice.
