Terms of service

The Massachusetts Bar Association provides an on-line forum 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 Forum Terms of Services can be located at http://www.massbar.org/for-attorneys/resources--services/forums/terms-of-service.

PURPOSE OF THE FORUM. The purpose of the MBA on-line forum is to provide another means of communication among membership. The forum will allow for electronic discussion groups intended to be helpful in fostering more interaction and information sharing among MBA members, 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 forum (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 forum, 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 Forum 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 Forum;
  • 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 promotional materials or offers to provide professional services, or send such materials in any other manner to members identified through the Forum, unless specifically invited by the recipient to do so;
  • 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;
  • harm minors in any way;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other users.
  • Solicit contributions or support for political candidates or causes.
  • Promote continuing legal education programs other than those sponsored by the MBA.
  • Use of the forum for any commercial purpose, except to promote MBA products and services for MBA members.

You agree that misuse of the forum as described in this section is a serious violation that causes direct harm and damage to the Massachusetts Bar Association'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 forum, 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 forum, you may potentially be exposed to content that is offensive, indecent or objectionable. You agree that nothing on the forum 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 forum 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 Forum, your connection to the Forum, 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 Forum, use of the Forum, or access to the Forum.LINKS. The Forum 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 forum 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 forum shall create any warranty not expressly stated in the Terms of Service.

GENERAL PROVISIONS. The Terms of Service constitute the entire agreement between you and the MBA and govern your use of the Forum. 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 forum 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.

©2012 Massachusetts Bar Association