Terms and Conditions

Western New England University School of Law

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These Terms govern

• the use of this Legal Kiosk (hereinafter “Application”) for the consultation free of charge to improve access to legal services in response to the COVID-19 (“Service”).

The User must read this document carefully.

This Application is provided by:

Western New England University School of Law (“Owner”)

Owner contact email: info@goa2jtech.com

"This Application" refers to

• any website, including its subdomains and any other website through which the Owner makes its Service available.
• applications for mobile, tablet and another smart device system.
• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In the absence of any such mention, clauses apply to all Users.

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TERMS OF USE

Account registration

Users may use the Service without registering or creating a User account. This is a service free of charge to improve access to legal services in response to the COVID-19 pandemic.

Account termination

Users can terminate their account and stop using the Service at any time by closing the session initiated in the Application.  

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

Rights regarding content on this Website - All rights reserved

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use.

Access to external resources

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application, reporting any misconduct performed through this Application to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms.
• infringe any third-party rights.
• considerably impair the Owner’s legitimate interests.
• offend the Owner or any third party.

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Any content downloaded or otherwise obtained using the Service is downloaded at users own risk and users shall be solely responsible for any loss of data that results from such download or Users’ use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein.
• any errors, mistakes, or inaccuracies of content.
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service.
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein.
• any interruption or cessation of transmission to or from the Service.
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service.
• any errors or omissions in any content or for any loss or damage incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its partners, and suppliers harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. infrastructural breakdowns or blackouts etc.).

Privacy Policy

To learn more about the use of your Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Service.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law

These Terms are governed by the laws of the state of North Dakota, without regard to conflict of laws principles.

Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of North Dakota.