Terms of Use

By accessing or using any National Organization of Bar Counsel ("NOBC") Internet site containing the URL: www.nobc.org or nobc.forumbee.com (“NOBC Website”), you agree to comply with these Terms of Use ("Terms of Use"). Please read these Terms of Use carefully, as well as NOBC's Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the Website.

  1. License Grant. You are granted a revocable, limited, non-exclusive, non-transferable license to access and use the NOBC Website conditioned on your continued acceptance of, and compliance with, these Terms of Use.  You may use the NOBC Website and the NOBC Content (as defined below, Section 8) solely in conjunction with the type of work which qualifies you for membership in the NOBC, pursuant to the Bylaws of the NOBC, as amended.  Use of the NOBC website is limited to members and specified employees of member jurisdictions for purposes of jurisdiction maintenance and conference registration.  NOBC reserves the right to bar, restrict or suspend any user's access to the NOBC Website, and/or to terminate this license at any time for any reason.
  2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive NOBC's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the NOBC Website, any NOBC Content (as defined below, Section 8), or any portion thereof. NOBC website content from NOBC Mid-Year and Annual meetings posted on the NOBC website may be used by its members for educational purposes related to the type of work which qualifies them for membership in the NOBC. Further, you may not (i) use the NOBC Website 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 NOBC Website, including NOBC Content; (ii) interfere with the proper working of the NOBC Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the NOBC Website.
  3. Your Acceptance. These Terms of Use constitute a legally binding agreement between you and the NOBC regarding your use and access to the NOBC Website. By using the Website you agree to the Terms of Use.
  4. NOBC Policies; Additional Terms and Conditions. NOBC may hereafter promulgate other additional terms and conditions applicable to certain portions of the NOBC Website (including NOBC's Privacy Policy, collectively "Additional Terms and Conditions"), which shall automatically be incorporated herein by reference. Any amendment to the Terms of Use or additional terms and conditions shall be either be posted on the homepage of the NOBC internet site or by Clickthrough Agreement for a term of no less than One Hundred Twenty (120) days from implementation.
  5. Click-Through Agreements. Before using certain areas of the NOBC Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
  6. Personal Login Information. Certain features and areas of the NOBC Website are available only with registration and login. 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. NOBC 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 NOBC 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.
  7. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the NOBC Website and not interfere with the use and enjoyment of the NOBC Website by other users or with operation and management of the NOBC Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the NOBC Website, including, without limitation, information required to be provided through an NOBC Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted, NOBC reserves the right to terminate your access and use of the NOBC Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the NOBC Website, or defame or otherwise harm any party, including, through your use of the NOBC Website. Specified employees of member jurisdictions for purposes of jurisdiction maintenance and conference registration will not be considered as impersonating the members on whose behalf they complete meeting registration.
  8. Proprietary Rights. The content of the NOBC Website includes, without limitation, (i) NOBC's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "NOBC 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 NOBC Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "NOBC Content"). NOBC Content is the property of NOBC, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected 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 NOBC Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the NOBC or the owner of such content if the NOBC is not the owner NOBC website content from NOBC Mid-Year and Annual meetings posted on the NOBC website may be used by its members for educational purposes related to the type of work which qualifies you for membership in the NOBC.
  9. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the Internet and the NOBC Website is solely at your risk and is subject to, all applicable local, state, national and international laws and regulations. Unless expressly required by law, NOBC does not guarantee the confidentiality or security of any communication or other material transmitted to or from the NOBC Website over the Internet or other communication network. NOBC shall not be obligated to correct or update the NOBC Website or the NOBC Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the NOBC Website.
  10. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the NOBC Website and NOBC Content are for informational purposes only. The information contained in the NOBC Website and NOBC Content may or may not reflect the most current legal developments; accordingly, information on the NOBC Website is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the NOBC Website or the NOBC Content should be used as a substitute for advice of competent counsel. The materials on the NOBC Website and NOBC Content do not constitute legal advice and do not necessarily reflect the opinions of NOBC.
  11. Third Party Information. The NOBC Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the NOBC Website are those of the respective third party and not of NOBC or its affiliates. NOBC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
  12. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. NOBC respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NOBC's Copyright Agent the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. 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
    6. 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.

    The NOBC's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:
    The National Organization of Bar Counsel
    1300 Piccard Drive, Suite LL 14
    Rockville, MD 20850
    By phone: (240) 844-3612
    By fax: (301) 990-9771
    By email: info@nobc.org

  13. Links to Third-Party Website. The NOBC Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which NOBC exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the NOBC Website, you do so entirely at your own risk.
  14. Links to Website, Content, Sharing of Content. Links posted by third parties to the NOBC Website and/or NOBC Content may not use the NOBC trademark or logo and shall not suggest that NOBC promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Website, content, or information. Any links to any portion of the NOBC Website shall be the responsibility of the linking party. NOBC reserves the right to require any linking party to disable or remove any link that violates NOBC's policies, rights or causes interruption or deterioration of NOBC Content.
  15. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NOBC, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "NOBC PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE NOBC WEBSITE OR NOBC CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE NOBC WEBSITE 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 NOBC WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) NOBC CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE NOBC WEBSITE. 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.
  16. Exclusion of and Limitation of Liability. THE NOBC 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 THE NOBC WEBSITE AND/OR ANY NOBC CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE NOBC WEBSITE AND/OR NOBC 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 THE NOBC WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE NOBC WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NOBC WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE NOBC WEBSITE; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE NOBC CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE NOBC WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON A THIRD PARTY WEBSITE; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE NOBC WEBSITE OR NOBC CONTENT.

    IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE NOBC WEBSITE AND/OR THE NOBC CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE NOBC WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

  17. 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 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE NOBC PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  18. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the NOBC Parties from and against all claims arising from or in any way related to your use of the NOBC Website and/or NOBC Content, a violation by you of these Terms of Use, or any other actions connected with your use of the NOBC Website and/or NOBC Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. NOBC 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 NOBC Parties other than under this Section.
  19. Arbitration; Venue. Any controversy or claim ("Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Washington, D.C. 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. The courts of the State of Maryland and/or the United States District Court for the District of Maryland shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts 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 USE. NOBC reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

    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-based lawsuit or arbitration shall be brought only in the United States District Court for the District of Maryland or any State of court located in Montgomery County, Maryland.

  20. Governing Law. These Terms of Use and all matters regarding your use of the NOBC Website shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Maryland, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
  21. Waiver and Severability. The failure of NOBC Parties to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 all other provisions shall remain in full force and effect.
  22. Complete Agreement. These Terms of Use, together with any revisions, Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and NOBC relating to the NOBC Website and its use by you, and supersedes any previous written or oral communication regarding use of the NOBC Website.
  23. Contact Information. If you have any questions or concerns regarding these Terms of Use or the NOBC Website, please email NOBC at info@nobc.org.
  24. 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 the NOBC Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  25. Use of Website and Content outside of the United States. NOBC makes no claims regarding access or use of the NOBC Website or the NOBC Content outside of the United States. If you use or access the NOBC Website or the NOBC Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
  26. Privacy Policy. For information about NOBC's data protection practices and NOBC's use and protection of your personal information, please read NOBC's Privacy Policy, which is incorporated into and made a part of these Terms of Use. Issued July 27, 2021.