TERMS OF USE OF THE STATE BAR PLAYBOOK
Definitions
The Playbook refers to all content contained on https://statebarplaybook.com.
The Website (or the “Site”) refers to https://statebarplaybook.com.
“Us” and “we” refer to State Bar Playbook LLC, the owner and publisher of The Playbook.
“Owner” refers to State Bar Playbook LLC.
“You” refers to the registered user of the Website.
“Member” refers to a registered user of the Website.
Use
The Playbook is intended for use by attorneys admitted to practice in the State of California for the purpose of representing themselves in discipline-related matters with the State Bar of California. The Playbook website may be visible outside the jurisdiction of California. However, the publisher has no intent to reach individuals, attorneys, or firms outside of California who may be seeking legal representation in disciplinary matters related to their own bar associations.
Members are prohibited from exploiting any of The Playbook content (other than for their own use within the State Bar of California disciplinary system) in whole or in part outside of the specific usage rights granted to Members by the publisher.
Contents
The contents of The Playbook should not be considered expressions of legal opinions or as a substitute for legal counsel. The links provided to outside resources are intended to be current and lead to accurate information, but no guarantee thereof is provided.
All content available through the Site is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You do not acquire ownership rights to any content viewed through the Site. Our posting of content on the Site does not constitute a waiver of any right in such content.
Ownership
The Playbook is published and memberships are sold by State Bar Playbook LLC. The Playbook is designed to assist pro se attorneys who are unfamiliar with the State Bar disciplinary system. Members may download, print, and copy material on this Website for their personal use. The purchase or renewal of a membership does not create an attorney-client relationship between the Member and State Bar Playbook LLC, or Megan Zavieh, or Zavieh Law, or any other person or entity. State Bar Playbook LLC does not sell or share the personal information of Members with any person or entity other than its own staff and the editor.
Members are encouraged to submit comments regarding The Playbook content, suggestions for its improvement, their experience using it and their discipline or other litigation matter with the State Bar of California. All submissions become the property of State Bar Playbook LLC and may be used by it and its editors for the purpose of improving The Playbook experience for all Members.
Copyright
State Bar Playbook LLC owns all content available on the Site and that content is protected by copyright and/or trademark laws. Members of The Playbook do not acquire ownership rights to any content viewed on or through the Website even when they submit suggestions or provide new content that State Bar Playbook LLC incorporates into The Playbook. Posting of content submitted by Members does not constitute a waiver of any publisher’s right and protection.
Changes to Terms of Service
The Terms of Service may be changed from time to time. A Member’s continued use of The Playbook after the posting of a new or revised Terms of Service statement constitutes an acceptance of those new terms by the Member. Members are encouraged to occasionally review the current Terms of Service to keep themselves aware of changes.
Notices
By becoming a Member, you consent to receiving notices related to your account, service messages, account verifications, transaction notices, and announcements concerning The Playbook content via the email address registered to your Member account. By becoming a Member, you consent to receiving other communications from us such as newsletters, special offers, announcements and surveys, which you may opt out of by clicking on the “unsubscribe” links contained therein.
Restrictions on Use
Members may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of The Playbook content, in whole or in part, outside of the specific usage rights granted to the Member by State Bar Playbook LLC. All other copying in any format or other unauthorized use of The Playbook or its contents may constitute a breach of copyright, trademark and/or other intellectual property laws and/or other international laws and may subject the Member to criminal or civil charges and penalties. State Bar Playbook LLC reserves all other rights not expressly granted hereunder. In no event may The Playbook website be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access State Bar Playbook LLC proprietary information that is not authorized by State Bar Playbook LLC; (d) uses or launches any automated system to access The Playbook website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any State Bar Playbook LLC computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates these Terms.
Termination by Owner
State Bar Playbook LLC reserves the right, in its sole discretion, to terminate a Member’s user account for violation of these Terms of Service.
Log-in Sharing Prohibited
Members are prohibited from sharing their log-in information with others. Sharing of log-in information is cause for termination of a membership.
Cancellation by Member
Members may cancel their membership at any time by sending an email with the subject line “MEMBER CANCELLATION” to admin@statebarplaybook.com.
No Refunds
Whether State Bar Playbook LLC cancels a membership for a Member’s violation of these Terms of Service or other cause or the Member cancels his membership for any reason, the Member will not receive a refund or credit for the current term of membership. Members who choose to cancel their membership may continue to use The Playbook site for the remainder of the term for which they have paid. In the event the State Bar Playbook LLC cancels a membership for cause, the right of the Member to continue using the site will be immediately terminated.
All payments for Memberships are non-refundable. No refunds or credits will be given for the Member’s complete or partial failure to utilize The Playbook content. The publisher reserves the right, it its sole discretion, to provide refunds, discounts, or credits to members without any obligation to do so. The temporary unavailability of some or all of the content and features of The Playbook will not entitle the Member to a refund.
TERMS OF USE OF STATE BAR PLAYBOOK FORUM
Legal Notices
We provide the Forum as a service to our Members who have paid for and maintain current Membership in the Website.
Please carefully review the following basic rules that govern your use of the Forum. Please note that your use of the Forum constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you do not agree to them, do not use the Forum, provide any materials to the Forum or download any materials from them.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Forum following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Forum.
These Terms of Use apply to the use of the Forum and do not extend to any linked third party sites. These Terms of Use and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement between Member and Owner with respect to the Forum. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
You may use the Forum for the sole purpose of sharing and exchanging ideas with other Users. You may not use the Forum to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Forum any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, trojan horses, or other forms of harmful computer code, nor subject the Forum’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Forum.
You are strictly prohibited from communicating on or through the Forum any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Forum, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. We shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and we reserve the right to terminate or suspend your access to and use of the Forum and to suspend or revoke your membership in the Website without refund of any membership dues paid.
We note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.
User Submissions
We do not want to receive confidential or proprietary information from you through the Forum. Any material, information, or other communication you transmit or post (“Contributions”) to the Forum will be considered non-confidential.
All contributions to this Site are licensed by you to anyone who wishes to use them, including us.
User Discussion Lists and Forums
We may, but are not obligated to, monitor or review any areas on the Forum where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove content on the Forum at our discretion at any time.
You agree to refrain from all forms of personal attack in the Forum. At our discretion, personal attack on other Users will be cause for removal from the Forum without refund of any portion of User’s membership fee to the State Bar Playbook website.
Use of Personally Identifiable Information
Information submitted to the Forum is governed according to the current Privacy Policy and the stated license of this Forum.
You agree to provide true, accurate, current, and complete information when registering with the Forum (as part of becoming a Member of the State Bar Playbook website). It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Forum.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Forum using your account or User ID. You grant us and all other persons or entities involved in the operation of the Forum the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Forum and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Forum.
Indemnification
You agree to defend, indemnify and hold harmless the Owner, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Forum, including, without limitation, your violation of these Terms of Use, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination
These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease use of the Forum. If you are dissatisfied with the Forum, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Forum. We reserve the right to terminate or suspend your access to and use of the Forum, or parts of the Forum, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms and Conditions of Use.
WARRANTY DISCLAIMER
THE FORUM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FORUM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FORUM.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE FORUM, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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 OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE FORUM. YOUR PARTICIPATION IN THE FORUM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE FORUM, THAT YOUR USE OF THE FORUM IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FORUM OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FORUM OR FOR ANY INFORMATION OBTAINED THROUGH THE FORUM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE FORUM WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE FORUM ABSENT SUCH LIMITATION.
General
The Forum is hosted in the United States. We make no claims that the content on the Forum is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Forum from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Owner to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to these Terms of Use or User’s use of the Forum must be brought in the courts of the State of California, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Forum must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Forum may infringe on your copyright or that of another, please contact the administrator of the State Bar Playbook website.
PRIVACY POLICY
This online privacy policy is meant to inform Members of The Playbook community about the information we collect online and how that information will be used. State Bar Playbook LLC, the publisher recognizes the importance of your privacy. State Bar Playbook LLC does not sell personally identifiable information to third parties. The Member’s personally identifiable information is collected solely for the purpose doing business with the Member including sending information about developments related to The Playbook. We do provide Members with the opportunity to be removed from our mailing lists. The data we hold is kept securely and only accessed by authorized personnel.
Computers used by State Bar Playbook LLC automatically collect certain non-personally identifiable information when Members visit The Playbook site. That information includes such things as the type of browser you are using or the domain name of your Internet service provider. They also collect aggregate information on the site pages our users visit.
Like many websites, we may use “cookies.” A cookie is a piece of data stored on a user’s device containing information about the user’s visit. Cookies are of various types and have different purposes. Members can change the user settings in their browsers to prevent State Bar Playbook LLC from storing cookies on your device. Members can find out how to do this, and find more information on cookies, at: www.allaboutcookies.org.
State Bar Playbook LLC may revise this policy or any part of it at any time. We suggest you review the policy periodically for changes.
If you no longer wish us to hold data about you, or wish to change the type of information we send to you, please let us know by email at admin@statebarplaybook.com.