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2. Proprietary Rights. The content of LCL Sites includes, without limitation, (i) LCL’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "LCL Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through LCL Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "LCL Content"). LCL Content is the property of LCL, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any LCL Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from LCL. For reprint requests, please visit LCL’s Collaborate page. Any use of LCL Marks without LCL’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in LCL Content, including any such notices appearing on any LCL Content.
7. Personal Login Information. Certain features and areas of LCL Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. LCL is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact LCL immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
9. 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 LCL Sites and not interfere with the use and enjoyment of LCL Sites by other users or with LCL’s operation and management of the Sites. You further warrant that your use of LCL Sites and of any data input into or generated by LCL Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on LCL Sites, including, without limitation, information required to be provided through an online LCL registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, LCL reserves the right to terminate your access and use of LCL Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using LCL Sites, or defame or otherwise harm any party through your use of LCL Sites. Additionally, you agree to abide by the LCL Code of Conduct.
In addition, you also agree that you will not use LCL Sites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) 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);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) includes 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;
(b) collect or store personal data of other users of LCL Sites;
(c) intentionally disrupt or interfere, whether directly or indirectly, with LCL Sites in any manner that may adversely affect LCL or any user of LCL Sites: and
(d) intentionally or unintentionally violate any applicable local, state, national or international law.
LCL 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. LCL also retains the right to ban or block a user from posting on LCL social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with the LCL Code of Conduct.
11. Responsibility for Use of the Internet and LCL Sites and Exclusion of Liability. Use of the Internet and LCL 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, LCL does not guarantee the confidentiality or security of any communication or other material transmitted to or from LCL Sites over the Internet or other communication network. LCL shall not be obligated to correct or update LCL Sites, LCL Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on LCL Sites.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on LCL Sites;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement:
Lawyers Concerned for Lawyers
31 Milk Street, Suite 810
Boston, MA 02066
Attn: Executive Director
By phone: (617) 482-9600
15. Advertisers. LCL Sites may contain advertisements. The inclusion of advertisements on LCL Sites does not imply endorsement of the advertised products or services. LCL 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, LCL shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on LCL Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Information (comments, photos, videos, etc.) you share with or post to LCL social media profiles is also subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.
17. Links to Websites, Content, Sharing of Content. Links posted by third parties to LCL Sites and/or LCL Content may not use LCL trademark or logo and shall not suggest that LCL promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of LCL Sites shall be the responsibility of the linking party. LCL reserves the right to require any linking party to disable or remove any link that violates LCL’s policies, rights, or causes interruption or deterioration of LCL Content.
Sharing of Content. You may download, copy, or embed LCL Content and other downloadable items displayed on LCL Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any LCL Content for any purpose other than personal use is expressly prohibited without prior written permission from LCL. To request this permission, please visit our Collaborations page or the copyright holder identified in the copyright notice contained in LCL Content. LCL reserves the right to require any party sharing LCL content to disable or remove the content should its use violate LCL’s policies, rights, or cause interruption or deterioration of LCL Content.
18. Warranties Disclaimed. LCL Sites and LCL Content are provided "as is" and "as available." Neither LCL, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "LCL parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) LCL Sites or LCL Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to LCL Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through LCL Sites will meet your expectations; or (iv) LCL Content will remain unchanged or accessible on LCL Sites. 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. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with LCL Sites or LCL Content is to cease using LCL Sites and LCL Content.
19. Exclusion of and Limitation of Liability. LCL 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 (i) out of the use of or inability to use LCL Sites and/or any LCL Content; (ii) from any interruption in the availability of LCL Sites and/or LCL Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from LCL Sites, or transactions entered into, through or from LCL Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on LCL Sites; (vii) from any delay or failure of LCL Sites arising out of causes beyond LCL’s control; (viii) out of the use of, reference to, or reliance on, LCL Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, LCL Sites (x) 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; or (xi) out of any other matter relating to LCL Sites or LCL Content.
20. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 18 and 19 which are lawful in your jurisdiction will apply to you and LCL’s liability will be limited to the maximum extent permitted by law.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of LCL Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Social Media Non-Endorsement. LCL provides opportunities for user interaction within its LCL Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. LCL is not responsible for content or links posted by others.
Revised September 2022
III. Types of Data We Collect
We collect information (whether online, by phone, or by paper) that enables the LCLMA to identify or contact you (“Personal Data”) to carry out its business purposes. LCLMA Sites collect this information for a variety of business reasons, including but not limited to, applying for membership, registering for an LCLMA event or program, purchasing LCLMA products or services, or otherwise interacting with LCLMA. The types of Personal Data we collect include, but are not limited to:
- General data (e.g., names, dates of birth, home and business addresses, email addresses, Internet protocol addresses and mobile/landline business/personal telephone numbers that are provided by our members/users)
- Professional data (e.g., status as a lawyer in Massachusetts, bar pass date and state(s))
- Other identification information (e.g., photographs)
- Financial information (e.g., credit and debit card numbers, credit reports, passwords and PIN numbers) for product sales or employment purposes
- Sensitive Personal Data (e.g., racial or ethnic origin, sexual orientation and disability data) for diversity or accessibility purposes
LCLMA also receives Personal Data from third parties for LCLMA’s use in marketing to potential new members, such as lists of new state bar admittees from various state bar entities.
We collect information (whether online, by phone, or by paper) that does not directly identify you as you interact with our Sites (“Non-Personal Data”). The types of Non-Personal Data we collect includes, but is not limited to:
- Site usage (e.g., browsing history, search terms, number of clicks, referring/exit pages, date/time stamp, time on Site)
- Products and services viewed, including advertisements for such products and services
- Computer type, operating system and platform type
- Internet service provider
- Your industry and business (e.g., company size and location, job functions and seniority levels)
IV. How We Use Your Data
In addition to the uses described above, we use your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below, in order to:
- Identify you when you visit our Sites
- Provide service communications such as bill reminders, order confirmations, program registrations and customer service messages
- Provide products, information and services you request or that we think you may be interested in
- Respond to your emails or online requests for products, services, or information
- Deliver and process surveys
- Personalize and improve the usability of the Sites
- Fulfill and/or deliver LCLMA products and services
- Tailor content, advertising and marketing to you
- Publish membership directories, membership lists and registration lists on the Sites and in print and digital media to allow lawyers and the public to find you; such directories and lists will not include credit card information or personal identification numbers such as social security numbers, as set forth in the “Contact Information” section below
We use Non-Personal Data to improve the usability of our Sites and for other business reasons. We or other third-party companies also use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not provide Personal Data to third parties with whom we share your Non-Personal Data. Please note that, when you select an external link or other link that takes you to sites not operated by the LCLMA, you may be subject to the privacy policies of these third-party sites.
V. How We Share Your Data
We share your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below:
- Share data with third parties to fulfill service requests and to perform business functions (e.g., the LCLMA contracts with third parties to provide services on our behalf such as data hosting services; packaging, mailing and delivering services; customer support and consulting services; and event registration services).
- Share data with third parties as required by law or to protect the LCLMA in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on the LCLMA; (b) protect and defend the LCLMA's rights or property; or (c) protect the personal safety of LCLMA personnel or members of the public in appropriate circumstances.
Share data with third parties if the LCLMA and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if the LCLMA undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise; information may be transferred as part of that transaction or change.
- Share data with third parties to offer you products and services that may be of interest to you professionally or personally (e.g., membership renewal notices, products and services, business software solutions, or member product discounts). Users can request their information to be removed from such lists by contacting us (https://www.lclma.org/contact/) as set forth in the “Contact Information” section below.
- Share data with third parties under other unanticipated situations, but only with your consent.
- Share your email address only as follows: Your email address will be used only by LCLMA, its entities and LCLMA vendors performing member services, or offering products on LCLMA’s behalf. LCLMA does not sell or rent email addresses to anyone outside the LCLMA, nor does the LCLMA share email addresses to unrelated third-parties, affiliates, or LCLMA members. Please understand, however, that in such cases, your email address may be visible to other attorneys, others who have interest in the legal profession and LCLMA events, as well as members of LCLMA Connect through LCLMA membership directories, membership lists and registration lists. LCLMA also shares your email address with third parties to enable the LCLMA to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Finally, LCLMA shares email addresses with third parties as necessary for LCLMA to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.
VI. How You Can Manage the Processing of Your Data
You can manage your profile and email preferences, including “opting out” of email by contacting us (https://www.lclma.org/contact/) using the information in the “Contact Information” section below. If you prefer to receive hard copy mailings only from LCLMA, you can contact us and request to have your name and address removed from the list we provide to third parties.
We do not knowingly collect Personal Data from or market to children under the age of 13.
VIII. How We Protect Personal Data
IX. User ID and Password
Certain areas of the Sites require the use of a user ID, email address, or password as an additional security measure that helps protect your Personal Data. To help you protect your privacy, these Sites have tools to help you log in and log out.
X. Linking to Other Internet Sites
XI. How You Can Access, Change and Delete Your Personal Data
XII. Breach Notification
In the event we determine the occurrence of a data security incident, we will notify you by email, US mail, telephone, or other means as permitted by law.
XIII. Contact Information
If you have questions, comments, or complaints concerning our privacy practices or if you wish to change, access, or remove your Personal Data, please contact us as indicated below. We will attempt, where practical, to respond to your requests and to provide you with additional privacy-related information.
Lawyers Concerned for Lawyers, Massachusetts
31 Milk Street, Suite 810
Boston MA 02109
Effective Date: October 3, 2022