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.
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:
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
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.
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.