Asian American Bar Association of San Francisco Bay Area
Terms of Use

Last Modified: December 9, 2016

Welcome to our website.

Acceptance of Terms of Use

The following terms and conditions, together with the Privacy Policy (collectively these “Terms of Use”) and applicable laws govern your access to and use of this website, including any information, content, drawings, images, videos, metadata, page format, styles, software, and designs (collectively, “Content”), features, functionality and services available on or through this website (collectively, “Services”). Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Services.

By using the Services, you represent and warrant that you are of at least 13 years of age and allowed by law to into a binding contract.

We respect the privacy of its users.  All information we collect on the Services is subject to our Privacy Policy (http://www.aaba-bay.com/privacy-policy).  Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Changes to the Terms of Use  

We may update these Terms of Use from time to time in our sole discretion. We will notify you on this website before we make changes to these Terms of Use and give you the opportunity to review before continuing to use our services.  All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We are not liable to you for any change or discontinuance, in whole or in part, of the Terms of Use or the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms of Use periodically and to make yourself aware of these changes.

The Services and Account Security  

We may withdraw, update, or amend the Services or Content in our sole discretion without notice. We are not liable if any part of the Services is unavailable at any time, or for any time period. We may restrict access to some or all of the Services. 

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you will not provide any other person with access to the Services or portions of it using your user name, password or other security information. You will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to terminate or suspect your access to all or part of the Services, or disable any user name, password or other identifier, at any time in our sole discretion, including if you have violated any provision of these Terms of Use.

If you have elected to purchase AABA membership, we may automatically bill you from the date you have purchased and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.

Intellectual Property Rights  

We (and our licensors) own all the Services and Content, protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  We reserve all rights in and to the Services.  Excepted as stated in these Terms of Use, we grant you no right, title or interest in or to any part of the Services.

We reserve the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Services.

Our name, the terms, logo, trademarks, and all related names, logos, designs and slogans are our trademarks (or our affiliates’ or licensors’). You must not use such marks without our prior written permission. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks.

Using the Services

Subject to the restrictions in these Terms of Use, you may use the Services for your personal, non-commercial use to review information about us. You will not, or assist or direct any third person to: (i) extract, separate, remove, reproduce, or otherwise copy the Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Content, in whole or in part; (v) frame or utilize framing techniques to enclose our Content; (vi) remove or alter any copyright, trademark, or other proprietary notices appearing in on on the Content; (vii) take actions to jeopardize, limit, or interfere with our rights in and to the Services; or (viii) use the Content for any other purpose.

Prohibited Uses 

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

User Contributions

  • The Services may contain message boards, chat rooms, personal web pages or social media account profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials you have created, including but not limited to photographs, your social media handle, videos, and comments (collectively, “User Contribution”) on or the Services.  We do not pre-screen content that you or other users post to the Services and we do not guarantee that the information is true, accurate or current or otherwise false, misleading, inaccurate, fraudulent, deceptive or illegal.  All User Contributions must comply with these Terms of Use. Any User Contributions you post to the Services will be considered non-confidential and non-proprietary. By posting on the Services, you agree to be responsible for the User Contribution.  You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license below. By providing any User Contributions on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information.

You also agree to observe and follow the following posting rules:

  • Do not post your personal information or solicit any personal information from other users of the Services.
  • Do not insult or flame any other users of the Services. Do not post content that is that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
  • Post only constructive information. Do not speculate or post rumors about us, or any other person or entity.

We may: 

  • Remove or refuse to post any User Contributions in our sole discretion.
  • Take any action with respect to any User Contribution as necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use.
  • Disclose your identity or other information about you to any third party who claims that material posted by you is illegal or violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

Geographic Restrictions  

We are based in California, United States. We make no claims that the Services or Content is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Our Usage and Storage of Information

We may establish and update standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account my send or receive e-mails and the maximum disk-space allotted to each end user. We have no liability for the preservation or deletion of any content or personal information stored on the Services.

Disclaimer of Warranties  

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE MAKE NO REPRESNTATION OR WARRANTY THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability  

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD IN AGGREGATE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

You will indemnify us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your User Contributions, your violation of these Terms of Use or your use of the Services or Content.

Governing Law and Jurisdiction  

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association and conducted by an arbitrator selected by the Parties. The seat of the arbitration will be in San Francisco, California.  The award of the arbitrator will be final and binding. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The Parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each Party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection pending arbitration; and (c) to enforce any decision of the arbitrators, including the final arbitral award. The prevailing Party in the arbitration is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection therewith

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Entire Agreement  

These Terms of Use and Privacy Policy constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

Your Comments and Concerns  

You may notify us in writing of the objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms of Use but we do not represent or warrant that we will take any action relating thereto.

Thank you for visiting this website.


© 2017 Asian American Bar Association of the Greater Bay Area. All Rights Reserved

P.O. Box 387 San Francisco, CA 94104

Please see our Terms of Use and Privacy Policy.