Terms of Service
Acceptance of Terms of Service
Armenian Women’s Bar Association (“ArmenianWBA”) provides its service, subject
to the following Terms of Service, which may be updated by the ArmenianWBA from
time to time.
The most recent version of
the Terms of Service can be reviewed at any time
www.ArmenianWBA.org (the “ArmenianWBA website”).
These Terms of Service constitute a legally
binding agreement between you and the ArmenianWBA regarding your use and access
to the ArmenianWBA website.
accessing or using any of the
properties including, without limitation, the ArmenianWBA website, the
profiles on social media platforms and sites,
Listserv and any other digital
properties or services operated or used by the ArmenianWBA (collectively “the
ArmenianWBA Sites”), you agree to comply with and be bound by our Terms of
The Terms of Service govern the
ArmenianWBA, the ArmenianWBA Sites, the
Listserv and members, vendors, clients, and/or users granted access to the
ArmenianWBA website (collectively referred to as “Client(s)”).
read these Terms of Service carefully.
If Client does not agree to the Terms of Service, Client must
immediately terminate use of the ArmenianWBA Sites.
Description of Service
The ArmenianWBA website currently
provides Clients and other users with access to a rich collection of resources,
including but not limited to, various communications tools, forums, the
Listserv, file areas, and personalized content through its online interface
(the “Service”). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject to the Terms of
Client is responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). Client is responsible for those fees. In addition, Client must
provide and is responsible for all equipment necessary to access the Service.
of the ArmenianWBA Sites includes, without limitation, (
trademarks, service marks, logos,
brands, and brand names, trade dress and trade names and other distinctive
identification (collectively “ArmenianWBA 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
the ArmenianWBA Sites (the items identified in subsections (
(ii) and (iii) shall collectively be referred to as the “ArmenianWBA
The ArmenianWBA Content is the property of the
ArmenianWBA, 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 ArmenianWBA
Content by Client, or by Client through any other person or entity, is
prohibited unless express written consent is separately obtained from the
ArmenianWBA; additionally, the modification or creation of derivative works
based on ArmenianWBA Marks or ArmenianWBA content is also prohibited unless
express written consent is separately obtained from the ArmenianWBA. Any use of
the ArmenianWBA Marks without the
express written consent is strictly prohibited.
Client may not alter, delete, obscure, or conceal any copyright or other
notices appearing in the ArmenianWBA Content, including any such notices
appearing on any ArmenianWBA Content.
License Grant and License Restrictions
ArmenianWBA Sites are owned by the ArmenianWBA.
Client is granted a personal, revocable, limited, non-exclusive,
non-transferable right and license to access and use the ArmenianWBA Sites and
the object code of its software(s) on the Client’s computer, conditioned on the
Client’s continued acceptance and compliance with these Terms of Service.
not to access the Service by any means other than through the interface that is
provided by the ArmenianWBA and its representatives for use in accessing the
Unless otherwise expressly
stated in these Terms of Service or a Client receives the
prior express written consent, Client may not (and may not allow any third
party to) copy, modify, translate, create derivative works of, distribute,
market, display, remove or alter any proprietary notices or labels from, lease,
sell, assign, sublicense, grant a security interest in, clone, transfer,
decompile, reverse engineer, reverse assemble, attempt to discover any source
code, or incorporate into any information retrieval system (electronic or
mechanical), the ArmenianWBA Sites, any ArmenianWBA Content, its software or
Service, or any portion thereof. Further, Client may not (
use the ArmenianWBA Sites for any unauthorized or illegal purpose or activity
including, but not limited to, any activity to obtain or attempt to obtain
unauthorized access to the ArmenianWBA Sites, including ArmenianWBA Content;
(ii) interfere with the proper working of the ArmenianWBA Sites, including but
not limited to, the transmission of any virus, worm, trap door, back door,
timer, clock, Trojan horse, denial of service attack or other limiting routine,
instruction or design; or (iii) interfere with any other Client’s or person’s
use and enjoyment of the ArmenianWBA Sites.
Client may use the ArmenianWBA Sites and the
ArmenianWBA Content (as defined in Section III) for Client’s noncommercial
personal use and for no other purpose.
The ArmenianWBA reserves the right to restrict, bar, or suspend any
user’s access to the ArmenianWBA Sites, and/or to terminate this license at any
time for any reason.
reserves any rights not explicitly granted or specified in these Terms of
Member Login Information
Client(s)/users will receive a username and
password as part of the registration process with the ArmenianWBA Sites and/or
Certain features and areas of
the ArmenianWBA Sites are available only with registration, login, or a paid
membership and/or subscription. If Client is required to register and select a
unique login and password (“Member Login Information”), Client must keep their Member
Login Information confidential, including taking appropriate measures to
maintain the confidentiality, such as logging off and closing the Internet
browser at the end of each session, especially when Client is connected to the
Internet through an unsecured network or when using a public computer. Client’s
Member Login Information is personal to Client and Client may not allow any
third party to use it under any circumstances. The ArmenianWBA and its
representatives are not liable for any harm caused by or related to the theft,
misappropriation, disclosure, or unauthorized use of Client’s Member Login
Information or for any loss or damage arising from Client’s failure to comply
with this Section. Client must contact the ArmenianWBA immediately if Client
becomes aware of or believes there is or may have been any unauthorized use of
Client’s Member Login Information, or otherwise wish to deactivate Client’s
Member Login Information due to security concerns.
Client warrants that Client will abide by, without
limitation, all applicable local, state, national, and international
and regulations with respect to Client’s use of the
ArmenianWBA Sites (including the Listserv) and will not interfere with the use
and enjoyment of the ArmenianWBA Sites by other users or with the
operation and management of the Sites. Client
further warrants that Client’s use of the ArmenianWBA Sites and of any data
input into or generated by the ArmenianWBA Sites shall comply with all
applicable laws, regulations, and ordinances.
Client agrees and acknowledges that Client is solely responsible for any
liabilities, fines, penalties, or forfeitures occasioned by any such violations
or lack of rights.
at all times
true, accurate, current, authorized, and complete information when submitting
information or materials on the ArmenianWBA Sites, including, without
limitation, information required to be provided through an online ArmenianWBA
registration form. Client must maintain and update the registration data to
keep it current and complete.
false, inaccurate, untrue, unauthorized, or incomplete information is submitted
by Client, the ArmenianWBA reserves the right to terminate Client’s access and
use of the ArmenianWBA Sites. Client warrants that Client will not impersonate
any other person or entity, whether actual or fictitious, when using the
ArmenianWBA Sites, or defame or otherwise harm any party through Client’s use
of the ArmenianWBA Sites.
in order to
be informed of ArmenianWBA action items and events, that the ArmenianWBA will,
on a periodic basis, send email-based and/or newsletter-based communications to
the Client notifying them of such items and events. Client agrees that
receiving these communications is a part of their use of the Service, and if
they wish to not receive these
terminate their account.
Client understands that all information, data, text,
software, sound, photographs, graphics, video,
or other materials (“Content”), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that the Client, and not the ArmenianWBA or its
representatives, is entirely responsible for all Content that it uploads,
posts, emails, transmits, or otherwise makes available via the Service. The
ArmenianWBA and its representatives do not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity, or quality of
Client agrees that Client will not use the ArmenianWBA
Sites or the Service to:
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
Harms minors in any
Impersonate any person or entity, or falsely state or
otherwise misrepresent its affiliation with a person or
a right to
make available under any law or under contractual or fiduciary relationships
(including but not limited to proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
Infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any
Includes any unsolicited
or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form
Includes any material that contains software
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.
Harms minors in any
“Stalk” or otherwise harass
Collect or store personal data of other users of the
Intentionally disrupt or interfere, whether directly or
indirectly, with the ArmenianWBA Sites in any manner that may adversely affect
the ArmenianWBA or any user of the ArmenianWBA Sites or the Service or networks
connected to the Service; and
Intentionally or unintentionally violate any applicable
local, state, national, or international law, including but not limited to
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including without
limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law.
Client understands that the technical processing and
transmission of the ArmenianWBA Sites and the Service, including its Content,
Transmissions over various networks; and
Changes to conform and adapt to technical requirements of
connecting networks or devices.
not to reproduce, duplicate, copy,
sell, resell, or exploit for any commercial purposes, any portion of the
ArmenianWBA Sites or the Service, use of same, or access to same.
Client agrees to abide by and be bound to the terms of
ArmenianWBA welcomes your views, comments, and other communications, pictures,
track back URLs, or videos on our ArmenianWBA Sites which may include
discussion boards, blogs posts, and other services that allow users to provide
or content (“User- Generated
Content”). By contributing User-Generated Content to any of the ArmenianWBA
Sites or social media profiles, users understand and acknowledge that this
information is available to the public and grant the ArmenianWBA a nonexclusive
license to display, reproduce, transmit, and modify such User-Generated
Content; users also understand and acknowledge that the ArmenianWBA may use the
User-Generated Content for internal and external marketing purposes. You are
solely responsible for the User-Generated Content you submit.
If you believe any User-Generated Content
infringes on your proprietary rights, contact the ArmenianWBA as identified in
these Terms of Service. The ArmenianWBA does not approve, endorse, or adopt any
User-Generated Content, and the ArmenianWBA assumes no liability for any
User-Generated Content submitted by you or others. You agree to indemnify the
ArmenianWBA against all claims and liabilities resulting from User-Generated
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
ArmenianWBA Sites. Please note that other participants may use posted
information beyond the control of the ArmenianWBA. All User-Generated Content
is read at your own risk, and the ArmenianWBA recommends that you not rely on
the information or advice in any of these postings.
ArmenianWBA 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 ArmenianWBA also retains the right to ban or block a
user from posting on ArmenianWBA social media profiles without notice for a
pattern of inappropriate postings or as it deems necessary.
You acknowledge, consent and agree that the
ArmenianWBA may access, preserve and disclose your account information and the
User-Generated Content you have posted if required to do so by law or in a good
faith belief that such access preservation or disclosure is reasonably
necessary in the sole opinion of the ArmenianWBA to: (a) comply with legal
process; (b) enforce this Terms of Service; (c) respond to claims that any
User-Generated Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of the ArmenianWBA, its Clients/Users, and the public.
Links to Third Party Sites
ArmenianWBA Sites may provide links (including any link through an online
banner advertisement) to other sites on the Internet for Client’s convenience.
These other sites are maintained by third parties over which the ArmenianWBA
exercises no control. Client acknowledges and agrees that the ArmenianWBA and
its representatives are not responsible for the availability of such external
sites or resources, and is not 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 Content, advertising, products, or other materials on
or available from such third party sites or resources, or any goods or services
available on or through any such site or resource. The appearance of any such
third-party links is not intended to endorse any organization, company, or
product. If Client decides to access any of the third-party sites linked to the
ArmenianWBA Sites, Client does so entirely at Client’s own risk.
The ArmenianWBA makes no representations or
warranties with respect to any linked site.
On such sites, Client is subject to the various terms of services
associated with using such sites, including but not limited to, the third-party
Information (comments, photos, videos, etc.)
that Client shares with or posts to the ArmenianWBA Sites or 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
posted by third parties to the ArmenianWBA Sites and/or ArmenianWBA Content may
not use the ArmenianWBA trademark or logo and shall not suggest that the
ArmenianWBA promotes or otherwise endorses any third-party products, business
relationships, services, causes, campaigns, websites, content, or information.
Any links to any portion of the ArmenianWBA Sites shall be the responsibility
of the linking party. The ArmenianWBA reserves the right to require any linking
party to disable or remove any link that violates
policies, rights, or causes interruption or deterioration of ArmenianWBA
Content or Service.
Client may download, copy, or embed ArmenianWBA
Content and other downloadable items displayed on the ArmenianWBA Sites for
personal use only, provided that Client maintains all copyright and other
notices contained therein.
storing of any ArmenianWBA Content for any purpose other than personal use is
expressly prohibited without prior written permission from the
ArmenianWBA reserves the
right to require any party sharing ArmenianWBA Content to disable or remove the
content should its use violate
policies, rights, or cause interruption or deterioration of ArmenianWBA Content.
Special Admonition for Use Outside of the United States
The ArmenianWBA makes no claims regarding
access or use of the ArmenianWBA Sites or the ArmenianWBA Content outside of
the United States. Recognizing the global nature of the Internet, if Client
uses or accesses the ArmenianWBA Sites or the ArmenianWBA Content outside of
the United States, Client does so at Client’s own risk and is responsible for
compliance with the laws and regulations of Client’s jurisdiction as well as
these Terms of Service and all applicable laws of the United States regarding
agrees to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which Client
resides or is using/accessing the ArmenianWBA Sites.
Disclaimer of Warranties
expressly understands and agrees that Client’s use of the Service is at
Client’s sole risk to the extent permitted by law.
The ArmenianWBA Sites, ArmenianWBA Content,
and Service are provided on an “as is” and “as available” basis.
ArmenianWBA, its affiliates, subsidiaries, employees, officers, members, or
trustees nor any of its agents, representatives, suppliers, advertisers,
contractors, promotional partners, or licensors (collectively “ArmenianWBA
parties”) provide any express or implied representation or warranty of any
kind, including without limitation, any representation or warranty that (
) the ArmenianWBA Sites or ArmenianWBA Content, or any
results that may be obtained by you, are complete, accurate, reliable or
non-infringing; (ii) access to the ArmenianWBA 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 the
ArmenianWBA Site will meet your expectations; or (iv) ArmenianWBA Content will
remain unchanged or accessible on the ArmenianWBA Site. The ArmenianWBA and its
representatives and/or parties expressly disclaim
any and all
warranties of any kind, express or implied, 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.
Client agrees and understands that any material
downloaded, viewed, or otherwise obtained through the use of the ArmenianWBA
Sites or the Service is done at Client’s own discretion and risk, and that
Client will be solely responsible for any damage to Client’s computer systems
and networks, or loss of data that results from the download, viewing, or use of
any such material.
and acknowledges that Client’s sole and exclusive remedy with respect to any
defect in or dissatisfaction with the ArmenianWBA Site or ArmenianWBA Content
is to cease using the ArmenianWBA Site and ArmenianWBA Content
Exclusion Permitted by Law
Some jurisdictions do not allow the exclusion
of certain warranties, or the limitation or exclusion of liability for loss,
incidental or consequential damages, damage caused by negligence, breach of
contract, or breach of implied terms.
Accordingly, some of the limitations provided in Section XI may not
apply to Client and the Armenian WBA’s liability will be limited to the maximum
extent permitted by law.
To the fullest extent permitted by law, the
Client agrees to and shall indemnify, defend, and hold harmless the ArmenianWBA
and its representatives, their subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, from and against any claim or
demand arising from or in any way related to Client’s use of the ArmenianWBA
Sites and/or ArmenianWBA Content, a violation or breach by Client of these
Terms of Service, or any other actions connected with Client’s use of the
ArmenianWBA Sites and/or
including any liability or expense, losses, damages (actual and consequential),
suits, judgments, reasonable attorney’s fees and litigation costs. The
ArmenianWBA 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 ArmenianWBA other than under this Section.
The ArmenianWBA Sites may contain
advertisements. The inclusion of advertisements on the ArmenianWBA Sites does
not imply endorsement of the advertised products or services. The ArmenianWBA
shall not be responsible for any loss or damage of any kind incurred as a
result of the presence of such advertisements on the ArmenianWBA Sites.
Further, the ArmenianWBA shall not be responsible or liable for the statements
or conduct of any third-party advertisers appearing on the ArmenianWBA Sites.
In addition, Client's correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between Client and such advertiser.
Client agrees that the ArmenianWBA and its
representatives shall not be responsible or liable for any loss or damage
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service or on ArmenianWBA Sites.
Client shall be solely responsible for any
correspondence or transactions Client has with any third-party advertisers.
Trademarks and Logos
All trademarks, service marks, trade names or other words
or symbols (“Marks") identifying the ArmenianWBA and its
representatives/agents will remain such Party’s exclusive property. Client
agrees to not take any action that jeopardizes the other Party’s proprietary
rights or acquire any rights in the Marks. Except as specifically stated
otherwise in an addendum or amendment hereto, no license to use any ArmenianWBA
logo, or the logos of their representatives is granted in this section.
Notice for Claims of Intellectual Property or Copyright
The ArmenianWBA and its representatives/agents
respect the intellectual property of
requires Client(s) to do the same. If Client believes that its work has been
copied in a way that constitutes copyright infringement, or its intellectual
property rights have been otherwise violated, please provide the following
information via mail to the contact information of ArmenianWBA in Section XXII
of these Terms of Service:
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
A description of the copyrighted work or other intellectual
property that Client claims has been
A description of where the material that Client claims
is located on the ArmenianWBA Sites;
Client’s address, telephone number, and email
A statement by Client that Client has a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; and
A statement by Client, made under penalty of perjury, that
the above information in Client’s notice is accurate, and that Client is the
copyright or intellectual property owner or authorized to act on behalf of the
copyright or intellectual property owner.
receipt of such information, the ArmenianWBA and its representatives/agents, at
its sole discretion, may perform an investigation and may take appropriate
action if it desires.
For information about the
data protection practices and the
and protection of Client’s personal information, please read the
and made a part of these Terms of Service.
These Terms of Service and all matters
regarding Client’s use of the ArmenianWBA Sites shall be governed by, construed
in accordance with, and enforced under the laws of the State applicable to
contracts made and executed and wholly performed in the State of California,
of law principles.
Neither the Uniform Computer Information
Transaction Act nor the United Nations Convention on Contracts for
International Sale of Goods
applicability is expressly excluded. Printed copies of
agreements and/or notices in electronic form shall be admissible
in any legal, investigative, or regulatory proceedings.
Waiver and Severability
The failure of the ArmenianWBA or its
representatives 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, illegal, or unenforceable, such provision shall be
enforced to the fullest extent
of the law, and the other
provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to Client’s
use of the ArmenianWBA Sites must be filed by the Client within one (1) year
after such claim or cause of action arose or be forever barred.
Arbitration and Venue
controversy or claim (“Claim”) that Client has arising out of or relating to
these Terms of Service shall be resolved by a single impartial arbitrator
pursuant to proceedings administered by the American Arbitration Association
under its rules for resolution of disputes. Any such Claim shall be brought
solely by Client as an individual and not as part of, or as a representative
of, a class. An 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 express written consent of all parties, including the
Any claim or controversy as
to the enforceability of this arbitration provision’s restriction on Client’s
right to participate in or pursue a class action or class-wide arbitration
shall be brought only in the California courts.
arbitration shall be held in Los Angeles, California.
All submissions to the arbitrator, the
proceedings and the award shall be confidential. The arbitration shall be
conducted on an expedited basis with minimal discovery. The arbitrator’s award
shall be final and binding.
of the State of California shall have exclusive jurisdiction and venue over (
) any action concerning the enforcement of an arbitration
award, or (ii) if arbitration is not permitted by law, then any Claim that
Client has arising out of or relating to these Terms of Service. Client agrees
to unconditionally and irrevocably submit to the exclusive jurisdiction and
venue of such
and you will not object to such
jurisdiction and venue on the grounds of lack of personal jurisdiction,
inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL
RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO
THESE TERMS OF SERVICE. The ArmenianWBA reserves all rights and remedies
available to it, in law or equity, with respect to any matter relating to these
Terms of Service.
If you have
questions, comments, or complaints concerning our Terms of Service, please
contact us as indicated below.
attempt, where practical, to respond to your query and to provide you with
Women’s Bar Association
Broadway, Ste. 1040
of Service is subject to amendment or modification at any time.
February 9, 2023