Pro Bono Matters Terms of Use

Welcome to Pro Bono Matters!

These Terms of Use ("Terms") govern your rights and obligations regarding the use and access of the Pro Bono Matters software, FloridaProBonoMatters.org, and the Florida Pro Bono Law School Challenge, however accessed (collectively referred to as the "Software"), or any applications or application plug-ins that are owned and operated by WIEDZA CREATIONS LLC, a Florida limited liability company (“WIEDZA”), doing business as SavvySuit. The Software and service of Pro Bono Matters collectively referred to as the “Service”. These Terms constitute a fully binding agreement between WIEDZA CREATIONS LLC the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Service, you signify your assent to these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

1. Accepting the Terms. By using the information, tools, features, software, and functionality of the Service, you agree to be bound by these Terms. The term “you” or “User” refers to any person visiting or using the Service or Software. You may not use the Service or accept these Terms if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with WIEDZA. By accepting these Terms, you represent that you have the capacity to be bound by this agreement or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

2. The Service. The Service provides an embeddable software capable of showcasing currently available pro bono opportunities. Users of the Service may review available cases and opportunities for the sole purpose of volunteerism in a pro bono capacity. The Service may also generate content about who volunteers, such is the case with Florida Pro Bono Law School Challenge which shows which law schools, alumni associations, and law students volunteered to take cases and in what quantity.

Your Access to the Service

3. Your Rights to the Service. SavvySuit hereby grants you access to the Service (including the Software) and you agree that your use of the Service will be in a manner consistent with these Terms and all applicable laws and regulations, including trade secret, copyright, trademark, and export control laws. SavvySuit retains all rights, titles, and interests in and to the Service, including without limitation all Software used to provide the Service, and these Terms do not grant you any intellectual property rights in or to the Service or any of its components. Some branding elements, (logos, colors, etc.) may be owned by organizations embedding the Service.

4. Certain Restrictions. Despite any other provision of these Terms, the rights granted to you in these Terms are subject to the following restrictions:

a. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Software, whether in whole or in part, or any content displayed on the Software;

b. you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Software;

c. you shall not access the Software in order to build a similar or competitive website, product, or service;

d. you shall not, nor shall you permit or assist others, to abuse or fraudulently use the Service; and

e. except as expressly stated herein, no part of the Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Software shall be subject to these Terms. All copyright and other proprietary notices on the Software (or on any content displayed on the Software) must be retained on all copies thereof.

5. Modification. WIEDZA reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part). YOU AGREE THAT WIEDZA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SOFTWARE OR ANY PART THEREOF.

Your Use of the Service

6. Lawful Purposes. You are only entitled to access and use the Software and Service for lawful purposes permitted by these Terms. It is the responsibility of the user to use and access this software in substantial compliance with all applicable rules of professional conduct.

7. Content. Any content uploaded or posted to the Service remains the property of the organization which published it. WIEDZA WILL NOT BE LIABLE FOR INTENTIONAL OR INADVERTENT DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION PUBLISHED THROUGH THE SERVICE.

8. Prohibition on Data Collection. When using the Service you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing of any information from the Service. You agree that you will not use any robot, spider, scraper, or other automated means to access the Software or the Service’s database for any purpose without the prior written permission from WIEDZA.

9. Pre-Release Features. From time to time, WIEDZA may include new and/or updated pre-release features for your use and permit you to provide feedback. You understand and agree that your use of pre-release features is voluntary and WIEDZA is not obligated to provide you with any of these features. Furthermore, if you decide to use the pre-release features you agree to abide by any rules or restrictions WIEDZA may place on them. You understand that once you use the pre-release features, you may be unable to revert back to the earlier version of the same or similar features. The pre-release features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that all use of the pre-release features is at your sole risk.

10. Suggestions. WIEDZA shall have unrestricted use of suggestions, enhancement requests, recommendations, or other feedback provided by users, for any purpose whatsoever, commercial or otherwise, without compensation to the user. None of the suggestions will be subject to any obligation of confidentiality and WIEDZA shall not be liable for its disclosure or use.

11. Interruption. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that WIEDZA, in its sole discretion, may elect to take. In no event will WIEDZA be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

12. Ownership. The Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under the laws of the United States, including applicable copyright, trade dress, and trademark laws. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in the Service are owned by WIEDZA or WIEDZA’s partners. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights.

13. Termination of Use. WIEDZA in its sole discretion may suspend or discontinue providing the Service to any user without notice for actions that are:

a. in material violation of the Terms, and/or

b. create a security risk as defined solely by WIEDZA.

Legal

14. Modifications to Service and Terms. WIEDZA may either partially or in its entirety and without being obligated to provide prior notice – modify, adapt, or change the Software, the Service's features, the user interface and design, these Terms, and any other aspect related to the Service. You will have no claim, complaint, or demand against WIEDZA for applying such changes or for failures incidental to such changes. In addition, the Terms will always indicate the date it was last revised. Your continued use of the Service will constitute your agreement to such change(s).

15. LIMITATION OF LIABILITY AND WARRANTIES. WIEDZA PROVIDES THE SITE, SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF INDIVIDUAL USERS. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY.

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICE, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICE IS MADE ENTIRELY AT YOUR OWN RISK.

WIEDZA EXERTS EFFORTS TO PROVIDE YOU WITH A HIGH QUALITY AND SATISFACTORY SERVICE. HOWEVER, WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS TO WIEDZA’S COMPUTERS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, SOFTWARE FAILURES AND SOFTWARE COMMUNICATION FAILURES, ORIGINATING EITHER IN WIEDZA OR ANY OF ITS PROVIDERS.

WIEDZA, INCLUDING ITS MANAGERS, EMPLOYEES, SUB-CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM DELETION, DISCLOSURE, AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.

ALL USERS AGREE THAT WIEDZA IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES) RELATING TO THIS TERMS OF USE.

WIEDZA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SERVICE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW OF DATA DEPENDS ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH WIEDZA WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WIEDZA CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. WIEDZA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification. You shall defend, indemnify, and hold harmless WIEDZA and our managers, employees, and sub-contractors, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Software or your use of the Service.

17. Entirety of the Agreement. This Terms of Use constitute the entire agreement between you and WIEDZA and governs everyone’s use of the Service, superseding any prior agreements between a user and WIEDZA (including, but not limited to, any prior versions of the Terms of Use).

18. Assignment of Rights. You may not assign your rights or delegate your duties under this licence to access the Service or Software without the prior written consent of WIEDZA.

19. Limitation on Legal Action. Should you desire to file any cause of action against WIEDZA, arising out of or related to the Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

20. Choice of Law. These Terms, the Software, and the Service will be governed by and construed in accordance with the laws of the State of Florida. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Orange County, Florida. Further, all cases brought against WIEDZA must be brought in Orange County, Florida.

We welcome you to contact us concerning any questions about the Service, by emailing HereToHelp@savvysuit.com. We will make our best efforts to address your inquiry promptly.

Last modified: 1 September 2019