Please read these Terms and Conditions of Use (“Terms”) carefully before using the website, member portals, and services (“Services”) operated by the Western New York Disability and Neurodiversity Bar Association (WNYDNBA).

By accessing or using any part of the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you must not access the Services. These Terms govern your use of the website and form a binding contractual agreement between you and the WNYDNBA.

1. Acceptance of Terms

These Terms include this document, the WNYDNBA Privacy Policy, and any other policies or guidelines referenced herein. By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any future amendments.

A. Eligibility: You must be at least 18 years old or possess legal parental or guardian consent to use the Services. If you are accessing the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

B. Updates: The WNYDNBA reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify members of significant changes via email or prominent notice on our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

2. Nature of Services and Disclaimer of Legal Advice

A. Educational and Professional Focus

The WNYDNBA is a professional, non-profit organization dedicated to legal education, networking, and advocacy. Our Services, including all content, articles, CLE materials, and discussions, are provided for informational, educational, and networking purposes only.

B. No Attorney-Client Relationship

NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED through your use of the Services, your interaction with the WNYDNBA staff, or your communication with other members through our platforms (such as listservs or member forums).

C. NO Legal Advice

The WNYDNBA DOES NOT provide legal advice, legal counsel, or legal representation to the public or to members regarding specific client matters. You should always consult with a qualified attorney licensed in your jurisdiction for advice regarding your individual situation. Reliance on any information provided by the WNYDNBA, its employees, or its members through the Services is solely at your own risk.

3. Membership Terms and Termination

These provisions apply specifically if you register as a member of the WNYDNBA.

A. Membership Status

Membership is subject to approval by the WNYDNBA and is conditioned upon your compliance with these Terms, payment of all applicable dues, and adherence to the WNYDNBA bylaws and ethical standards for legal professionals (where applicable).

B. Dues and Fees

Membership dues are payable annually unless otherwise stated. All dues and fees are non-refundable, except as explicitly provided in a separate written refund policy (e.g., for event cancellation).

C. Directory and Public Profile

By applying for membership, you agree that certain professional information (e.g., name, firm, area of law) may be published in a member directory, provided you give explicit consent during the application process. You may withdraw this consent at any time by notifying $\text{info@wnyd.site}$.

D. Suspension and Termination of Membership

The WNYDNBA reserves the right to suspend or terminate your membership and access to all Services immediately, without prior notice or liability, for:

1. Failure to pay dues or fees.
2. Breach of these Terms or the professional code of conduct.
3. Any conduct that the WNYDNBA, in its sole discretion, deems detrimental to the association, its members, or its mission.
4. Misrepresentation of professional credentials or status.In the event of termination due to a breach of conduct, no refund of dues will be issued.

4. User Obligations and Prohibited Conduct

You agree to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Services.

A. Acceptable Use Policy

You are responsible for all content, information, and material that you submit, post, or upload to the Services (including member forums, listservs, and event chats). You agree not to upload or transmit content that:

1. Is defamatory, abusive, threatening, or harassing.
2. Is sexually explicit or pornographic.
3. Is libelous, fraudulent, or invasive of another’s privacy.
4. Violates any local, state, federal, or international law, regulation, or legal standard.
5. Constitutes unauthorized advertising, spam, or chain letters.

B. Digital Misconduct

You are strictly prohibited from:

1. Engaging in any commercial solicitation to members without the express written permission of the WNYDNBA.
2. Impersonating any person or entity, including WNYDNBA staff or another member.
3. Disseminating computer viruses, malware, or any other destructive code.
4. Attempting to gain unauthorized access to any part of the Services, other member accounts, or underlying systems.
5. Harvesting or collecting email addresses or other contact information of members for external mailing lists or unauthorized commercial use.

C. Professional Conduct and Ethics

As a professional association, members who are licensed attorneys must, at all times, adhere to the Rules of Professional Conduct applicable in the State of New York. The Services shall not be used to violate these rules, including soliciting clients in an unethical manner or disclosing confidential client information.

5. Intellectual Property Rights (IP)

A. WNYDNBA Content

All content included in the Services, such as text, graphics, logos, images, audio clips, digital downloads, and CLE presentations, is the property of the WNYDNBA or its content suppliers and is protected by United States and international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for your personal and professional development purposes. You may not modify, reproduce, distribute, or create derivative works from any WNYDNBA content without express written permission.

B. Member-Generated Content

By submitting content (e.g., discussion posts, articles, presentation slides) to the Services, you grant the WNYDNBA a non-exclusive, royalty-free, perpetual, worldwide, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the operation of the WNYDNBA business.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity.

6. Disclaimer of Warranties

The Services and all content are provided on an “AS IS” and “AS AVAILABLE” basis. The WNYDNBA makes NO WARRANTIES, EXPRESS OR IMPLIED, regarding the operation of the Services or the information, content, or materials included therein.

To the fullest extent permissible by applicable law, the WNYDNBA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The WNYDNBA does not warrant that the Services, its servers, or electronic communications sent from the WNYDNBA are free of viruses or other harmful components.

7. Limitation of Liability and Indemnification

A. Limitation of Liability

The WNYDNBA, its directors, officers, employees, agents, and service providers will NOT BE LIABLE for any direct, indirect, incidental, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of profits, data, or business interruption) arising out of the use or inability to use the Services, even if the WNYDNBA has been advised of the possibility of such damages.

B. Indemnification

You agree to indemnify, defend, and hold harmless the WNYDNBA, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability, damages, losses, and costs (including reasonable attorneys’ fees) arising from:

1. Your breach of these Terms.
2. Your use of the Services, including any content you submit or access.
3. Your violation of any law or the rights of any third party.

8. Digital Millennium Copyright Act (DMCA) Notice

The WNYDNBA respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our designated Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the WNYDNBA to locate the material.
4. Your contact information (address, telephone number, and email address).
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent Contact:

• Email: info@wnyd.site (Subject: DMCA Notice)

9. Governing Law and Dispute Resolution

A. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

B. Mandatory Arbitration

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

1. The arbitration shall be conducted in Erie County, New York.
2. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

C. Class Action Waiver

You and the WNYDNBA agree that any arbitration or proceeding shall be limited to the dispute between the WNYDNBA and you individually. To the full extent permitted by law, NO ARBITRATION OR CLAIM SHALL BE JOINED with any other; no right or authority exists for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and no right or authority exists for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

10. Miscellaneous Provisions

A. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

B. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the WNYDNBA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

C. Entire Agreement

These Terms, along with the Privacy Policy and any documents referenced herein, constitute the entire agreement between you and the WNYDNBA concerning the use of the Services, superseding any prior agreements between you and the WNYDNBA.

D. Force Majeure

The WNYDNBA shall not be liable for any failure or delay in the performance of its obligations under these Terms resulting from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, government restrictions, pandemic, or failures of public infrastructure.

E. Survival

The provisions of Sections 2 (Disclaimer of Legal Advice), 5 (Intellectual Property Rights), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), and 9 (Governing Law and Dispute Resolution) shall survive the termination of your membership or the cessation of your use of the Services.

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Contact Information

For any questions regarding these Terms, please contact us:

Western New York Disability and Neurodiversity Bar Association

Email: info@wnyd.site

Address: 3560 ORANGEPORT ROAD, GASPORT, NY 14067 US