Lincoln Bar Association Terms of Use & Privacy Policy -

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING www.lincolnbarassociation.com.

By accessing or using any of the Lincoln Bar Association (“LBA”) Internet properties including, without limitation, www.lincolnbarassocation.com, mobile websites, microsites, LBA profiles on social media sites and any other digital services or properties operated or used by the LBA from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”) and Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

The date of the last revision to these Terms of Use and Privacy Policy are indicated by the “Last updated” date at the bottom of this page.

TERMS OF USE

YOUR ACCEPTANCE

The Sites are available only to individuals who can enter into legally binding contracts under applicable law.

These Terms of Use and Privacy Policy constitute a legally binding agreement between you and the LBA regarding your use and access to the Sites.

By using the Sites you agree to the Terms of Use and Privacy Policy.

REVISIONS TO TERMS OF USE AND PRIVACY POLICY

The LBA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within these Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites.

USER INTERACTION

The LBA provides opportunities for user interaction within its Sites and social media on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The LBA is not responsible for content or links posted by others.

USER GENERATED CONTENT

We welcome user views, comments and other communications, pictures, trackback URLs, or videos on our Sites that may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant the LBA a nonexclusive license to display, reproduce, transmit, modify such User Content and that the LBA may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact the LBA’s President.

The LBA does not approve, endorse, or adopt any User Content, and the LBA assumes no liability for any User Content submitted by you or others. You agree to indemnify the LBA against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of the LBA. All user content is read at your own risk, and the LBA recommends that you not rely on the information or advice in any of these postings.

The LBA retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The LBA also retains the right to ban or block a user from posting on LBA social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

USER OBLIGATIONS

You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with the operation and management of the Sites.

In addition you also agree that you will not use our Sites to:

1. 1. Upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. Upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
  5. Upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
  6. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.

RESPONSIBILITY FOR USE OF THE INTERNET AND WEBSITES AND EXCLUSION OF LIABILITY

Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the LBA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. The LBA shall not be obligated to correct or update the Sites or the LBA Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

NO ATTORNEY-CLIENT RELATIONSHIP

Information posted or made available on or through the Sites, including without limitation any LBA Content and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally-related content or information (collectively “Legal Information”) is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that any communications on or the Sites are not confidential and are not subject to attorney-client privilege.

NO LEGAL ADVICE AND DISCLAIMER AS TO ACCURACY OF INFORMATION

The information on the Sites and LBA Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.

The information contained in the Sites and LBA Content may or may not reflect the most current legal developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Sites or the LBA Content should be used as a substitute for advice of competent counsel. The materials on the Sites and LBA content do not constitute legal advice and do not necessarily reflect the opinions of the LBA, its Board or its members.

Although the LBA reserves the right to review, remove or edit any content from the Sites, we do not routinely screen, monitor, or review such content. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Legal Information. The LBA shall have no responsibility or liability of any kind for any legal information on the sites. Any use or reliance on legal information is solely at your own risk.

FEDERAL TAX DISCLAIMER

Unless expressly stated otherwise, any U.S. federal tax advice contained on the Sites is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in the Sites.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.

THIRD PARTY INFORMATION

The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, presentations, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of LBA or its affiliates. The LBA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT

The LBA respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the President of the LBA.

ADVERTISERS

The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. The LBA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

LINKS TO THIRD PARTY WEBSITES

The Sites may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties and for which the LBA exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.

SHARING OF CONTENT

You may download, copy or embed LBA Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any LBA Content for other than personal use is expressly prohibited without prior written permission from the LBA and the copyright holder.

WARRANTIES DISCLAIMED

THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE LBA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “LBA PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT:

1. 1. 1. The Sites or LBA content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing;
    2. Access to the Sites will be uninterrupted, timely, secure, or error free;
    3. The quality of any products, services, information or other material purchased or obtained by you through the Sites will meet your expectations;
    4. LBA Content will remain unchanged or accessible on the Sites; or
    5. Any information, software or other material available on or accessible through the Sites are free of viruses, worms, trojan horses or other harmful components.

ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

EXCLUSION OF AND LIMITATION OF LIABILITY

THE LBA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING:

1. 1. 1. 1. Out of the use of or inability to use the Sites and/or any LBA content;
      2. From any interruption in the availability of the Sites and/or LBA content;
      3. From any loss of data and/or from any equipment failure;
      4. Out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from the Sites;
      5. From unauthorized access to or alteration of your transmissions or data;
      6. From statements or conduct of any third party on the Sites;
      7. From any delay or failure of the Sites arising out of causes beyond LBA’s control;
      8. Out of the use of, reference to, or reliance on, the LBA content;
      9. Out of any third party materials, information, products and services contained on, or accessed through, the Sites;
      10. Out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites;
      11. Resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance; or
      12. Out of any other matter relating to the Sites or LBA content.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE LBA CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

INDEMNIFICATION

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the LBA Parties from and against all claims arising from or in any way related to your use of the Sites and/or LBA Content, a violation by you of these Terms of Use or Privacy Policy, or any other actions connected with your use of the Sites and/or LBA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. LBA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LBA Parties other than under this Section.

TERM AND TERMINATION

These Terms of Use will take effect at the time you begin using the Sites. The LBA reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use and/or Privacy Policy. You may terminate these Terms of Use at any time by ceasing to use the LBA Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any LBA Content, in your possession.

GOVERNING LAW

These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Nebraska, without regard to choice of law principles no or other law, act or regulation shall change this. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

WAIVER AND SEVERABILITY

The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

COMPLETE AGREEMENT

These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.

CONTACT INFORMATION

If you have any questions or concerns regarding these Terms of Use or the Sites, please send an email to: webmaster@lincolnbarassociation.com.

OTHER TERMS OF USE/SERVICES

On sites not operated by the LBA, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to LBA social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website’s TOS.

These Terms of Use are subject to amendment or modification at any time.

PRIVACY POLICY

The LBA respects your privacy.

This Privacy Policy explains how the LBA collects, uses and safeguards information on www.lincolnbarassocation.com and Sites and any other digital services and properties officially operated or used by the LBA from time to time.

CHANGES TO THE PRIVACY POLICY

The LBA reserves the right to revise this Privacy Policy at any time in its sole discretion by posting revised Privacy Policy to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within these Privacy Policy posted at the time of your use. You will be responsible for regularly reviewing the Privacy Policy posted to the Sites.

INFORMATION WE MAY COLLECT

Information we may collect about you includes, but is not limited to:

1. 1. 1. 1. Personally Identifiable Information: We may collect information that identifies you (“Personally Identifiable Information”) when you interact and provide such information on our Sites such as, but not limited to, when applying for membership, registering for an LBA event or program. The types of Personally Identifiable Information collected on our Sites will vary based on the Services offered on the Sites, but may include, among other things, your name, address, phone number, birth date, billing and delivery information, e-mail address, credit card or other financial account information.
        
        Non-Personal Data: As you interact on our Sites, we may also collect information that is not Personally Identifiable Information but may disclose other aspects of your browsing history or certain other information about you through the use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address tracking/URL tracking, and other tools. “Cookies” are pieces of code/text that gets placed on your computer when you browse our Sites. Cookies may be placed by us or third party advertisers contracted by us. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of non-personal data collected on our Sites through the use of these, and other tools as the LBA may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. Additionally, cookies, tags and other tools placed by third parties may collect other information about you such as, but not limited to, your industry, company size, job function, seniority level, etc.)(collectively, all of the foregoing data the “Non-Personal Data”).

HOW WE MAY USE AND SHARE INFORMATION WE COLLECT

Once collected, we may use your Personally Identifiable Information in a variety of ways including (but not limited to):

1. 1. 1. 1. Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages;
        
        Answer your emails or online requests;
        
        Deliver and process surveys;
        
        Personalize and improve the usability of the Sites;
        
        Fulfill and/or deliver LBA products and services;
        
        Publish membership directories and registration lists; and
        
        Sharing with third parties as required by law or to protect the LBA as described below.

As a professional organization, the Personally Identifiable Information you provide may be published on the Sites and in print or digital form in a variety of ways to allow other lawyers and the public to find you, including, but not limited to, directories, membership lists, and other types of registration lists for LBA programs and events (“Directory Lists”). Directory Lists will not include sensitive information, such as credit card or bank information, or social security numbers. Users may request their information be suppressed from Directory Lists by contacting us.

We may share the Non-Personal Data we collect with third parties or permit third parties to place tools like cookies, tags, web beacons, to collect additional Non-Personal Data when you browse our Sites. We or other third party companies may then use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not share Personally Identifiable Information with third parties to whom we share your Non-Personal Data.

Please note that you may be subject to the privacy policies of other non-LBA companies when you hit an advertising link or other link that takes you to sites not operated by the LBA.

SHARING YOUR PERSONALLY IDENTIFIABLE INFORMATION

When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests.

The LBA may share Personally Identifiable Information, other than email address and financial account information, with our business partners in order to provide them an opportunity to offer products or services that may be of interest to you, which helps contribute non-dues revenue to the LBA. The LBA also occasionally hires other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, contests, answering customer questions about products or services, consulting services, data modeling, printing, sending postal mail and processing event registration.

The LBA may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the LBA; (b) protect and defend the rights or property of LBA; or (c) protect the personal safety of LBA personnel or members of the public in appropriate circumstances.

Your email address will only be used by the LBA and its entities. We do not sell or rent email addresses to anyone outside the LBA. The LBA will also not offer email addresses to unrelated third-parties, affiliates or LBA members.

MANAGING THE SHARING OF YOUR INFORMATION

You can manage your email preferences, including opting out of Email by contacting us. Additionally, if you prefer to receive mailings only from the LBA and have your name and address removed from the list provided to our business partners, please contact us.

You can opt out of targeted advertisements by contacting us. You may also block or disable cookies on your computer that will restrict the collection of Non-Personal Data enabled through the use of cookies but doing so may prevent you from accessing certain functionalities on the Sites.

CHILDREN

We do not knowingly solicit data online from or market online to children under the age of 13.

INFORMATION SECURITY

The LBA implements commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to personal information to the LBA’s business partners who may need to know that information in order to operate, develop or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

LINKING TO OTHER INTERNET SITES

You should be aware that other Internet sites that are linked from the Sites or from an LBA email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications or other digital properties.

NO GUARANTEE

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, the LBA cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us.

This Privacy Policy is subject to amendment or modification at any time.

THESE TERMS OF SERVICE AND PRIVACY LAST UPDATED AUGUST 19, 2014.