Terms of Service

The Massachusetts Bar Association provides MBA Classifieds for its members that is subject to the following Terms of Service. The terms may be updated without notice. The most current version of the MBA Classifieds Terms of Services are located here.

PURPOSE OF THE CLASSIFIEDS. The purpose of the MBA Classifieds is to provide an opportunity for MBA members and non-members, to post and view employment/internship opportunities, office share/rental options, as well as lawyer-to-lawyer services and other specialized categories, while creating additional value to massbar.org.

AS-IS BASIS. You understand and agree that the Service is provided "as is" and that the Massachusetts Bar Association assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any communication. The MBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the classifieds (or any part thereof) with or without notice. The association also reserves the right at any time and from time to time to modify or discontinue your participation in the classifieds, for any reason or for no reason. You agree that the MBA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

MISUSE. You agree to not use the classifieds to:

  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, offensive of another's faith or religion, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    Disguise the origin of any content transmitted through the classifieds;
  • Post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Post 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;
  • Intentionally or unintentionally violate any applicable local, state, national or international law , regulation , by-law or code;
  • Post anything that violates federal, state, or local equal employment opportunity
    laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, sexual orientation or disability;
  • Violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • Harm minors in any way;
  • "Stalk" or otherwise harass another;
  • Collect or store personal data about other users.
  • Solicit contributions or support for political candidates or causes; or
  • Promote continuing legal education programs, business, products or services other than those sponsored by the MBA.

You agree that misuse of the classifieds as described in this section is a serious violation that causes direct harm and damage to the MBA's reputation, economic interests, and ability to provide valuable services to its subscribers and potential subscribers.

REMOVAL OF CONTENT. You acknowledge that the MBA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content for any reason or for no reason. You agree that the MBA, in its sole discretion, may terminate your password or use of the classifieds, for any reason or for no reason.

RESPONSIBILITY FOR CONTENT. You understand that all information, data, text, or other content that is posted is the sole responsibility of the person who posts it. This means that you, and not the MBA, are entirely responsible for all content that you post. The MBA does not guarantee the accuracy, integrity or quality of any content. You understand that by using the classifieds, you may potentially be exposed to content that is offensive, indecent or objectionable. You agree that nothing on the classifieds creates an attorney-client relationship. Under no circumstances will the MBA be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content. The views and opinions expressed on the classifieds are not approved by the MBA and do not necessarily represent the policies of the MBA.

INDEMNIFICATION. You agree to indemnify and hold the MBA, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of content you post, your use of the classifieds, your connection to the classifieds, your violation of the Terms of Service, or your violation of any rights of another.

REPRODUCTION. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the classifieds, use of the classifieds, or access to the classifieds.

LINKS. The classifieds may provide, or third parties may provide, links to other websites or resources. Because the MBA has no control over such sites and resources, you acknowledge and agree that the MBA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Massachusetts Bar Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DAMAGE TO EQUIPMENT. You expressly understand and agree that any material downloaded or otherwise obtained through the classifieds is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results.

WARRANTY. No advice or information, whether oral or written, obtained by you from the MBA or the classifieds shall create any warranty not expressly stated in the Terms of Service.

PAID POSTINGS. We may charge a fee to post content in some areas of the Service. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Service is responsible for said content and compliance with the Terms of Service. All fees paid will be non-refundable in the event that content is removed from the Service for violating the Terms of Service.

THIRD PARTY CONTENT, SITES, AND SERVICE. Your interactions with organizations and/or individuals found on or through the MBA Classifieds, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that the MBA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the MBA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the MBA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

GENERAL PROVISIONS. The Terms of Service constitute the entire agreement between you and the MBA and govern your use of the classifieds. The Terms of Service and the relationship between you and the MBA shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You agree to resolve any dispute arising herein to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts, or at the sole discretion of the MBA to mediation and/or arbitration within Suffolk County. The failure of the MBA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the classifieds or the Terms of Service must be filed within (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

©2013 Massachusetts Bar Association