Terms of Use
Last Updated: August 1, 2025
Welcome to bhba.org, a website and online service (collectively, the "Website") owned and operated by Beverly Hills Bar Association, a California nonprofit mutual benefit corporation ("BHBA", "Company", "we," or "us"). This page explains the terms by which you may use our services. By accessing or using our services, websites (including all areas of the sites), applications and software provided online and made available offline through or in connection with the services, including through a mobile device (collectively, the "Services"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the "Agreement" or "Terms of Use"). By using the Services, you agree to the Terms of Use whether or not you are a registered user of our Services.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services. This Agreement applies to all visitors, users, Members (as defined below), and others who access the Services ("Users"). Capitalized terms not defined in this Agreement have the meanings set forth in the BHBA Privacy Policy which is incorporated herein by reference.
The Beverly Hills Bar Association has been a leader in the legal profession, advocating for justice in our community, and serving the community since 1931. The Beverly Hills Bar Association has founded groundbreaking public interest programs, become a nationally recognized provider of high quality continuing legal education programs and innovative member benefits. The Beverly Hills Bar Association's vision is for a world in which there is justice for everyone.
The Services are a place that offers online access to legal resources, educational programs, and community initiatives intended to support legal professionals. By enabling Users to find, view, and learn about its offerings, BHBA aims to foster a community dedicated to justice and professional development.
BHBA grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Services in any medium; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
Use of and Membership in the Services is void where prohibited. The Services are intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Services by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. BHBA may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE REGISTRATION OF YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER WITH THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH REGISTRATION AND USE.
This Agreement shall remain in full force and effect while you use the Services and/or are a Member.
You may terminate your Membership at any time, for any reason, by following the instructions on the Member's account settings page.
BHBA may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability, if, in our sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Services; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Services; or, (vi) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, registering for the Services with an email address that is not rightfully yours.
If you fill out our "Contact Us" form, or if you set up a Membership Account on the Services, you will be asked to supply your email address. You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time. You agree to notify BHBA immediately if you suspect any unauthorized use of your email address by BHBA. Although BHBA will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of BHBA or others due to such unauthorized use.
By providing BHBA with your email address, you consent to our use of the email address to send you Services-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to BHBA features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the "unsubscribe" link at the bottom of the email, sending us an email at or by sending mail to the following postal address:
Beverly Hills Bar Association
9171 Wilshire Blvd, Suite 500
Beverly Hills, CA 90210
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
In order to enjoy certain features of the Services, including access to premium Content, live programs, on demand Content, and other aspects, you will need to register with BHBA and create a "Member" account by direct registration on the site.
Your membership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your Member Profile.
When you sign up to become a Member, you will also be asked to choose a username, permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BHBA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, and the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although BHBA will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of BHBA or others due to such unauthorized use.
Member accounts are for your personal, non-commercial use only, and are limited to one account per person. When creating your account, you must provide accurate and complete information. It is a condition of your use of the Services as a registered user that all the information you provide on the Services is correct, current, and complete. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor). You may never use another Member's account without permission. Although BHBA will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of BHBA or others due to such unauthorized use.
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by BHBA. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Services, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. You agree not to use any portion of the Services as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of our Services.
Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Services or any element thereof (including any content, software, code, data or materials used in or available on the Services) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Services or any element thereof (including any content, software, code, data or materials used in or available on the Services) not intended to be so read (this includes using or directly viewing the underlying code from the Services except as interpreted and displayed in a web browser for our Website or via a mobile device for our applications).
As a condition of your access to and use of the Services, you agree that you will not use the Services or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Services from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that while using the Services and the various services and features offered on or through the Services, you shall not:
You acknowledge that BHBA may charge a fee for the use of any Services, provided that BHBA notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. Member agrees to pay for all purchases ordered through the Website using the payment method indicated and provides BHBA express authorization to charge said fees to the Member's payment provider at time of purchase. Fees owed depend on the specific type and quantity of Company products, services, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, BHBA may immediately cease to provide any and all Deliverables to the Member.
It is the Member's responsibility to promptly provide BHBA with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made online via the "My Account" section, once member has logged into the Services. For purchases, BHBA does not validate all credit card information required by the Member's payment provider to secure payment.
Fees may be charged, fulfilled, and processed by an authorized third-party provider of BHBA, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third party provider. BHBA does not store or retain your credit card information; such payment fulfillment functions are performed by our third-party service provider, and your submission of your information to such provider is subject to the online policies of such provider which processed your order.
All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
Subscription Fees. BHBA charges a subscription fee for your ability to have premium access to our Content, via different types of Membership Accounts. Subscriptions may be purchased on an annual basis. Members may elect to pay for annual subscriptions in either a lump sum or in equal monthly installments.
Subscription Renewal and Cancellation. Membership subscriptions will automatically renew using the Member's current credit card account number unless Member cancels their subscription prior to the renewal date for such subscription by visiting the "My Account" section and selecting the "Cancel" option.
In the event of a price change, we will attempt to notify you in advance by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions for cancellation below. If you do not cancel your subscription after the price change and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
You may cancel your subscription at any time. If you elect to cancel, your subscription will remain active for the remainder of your existing annual subscription period and shall terminate thereafter.
Once the cancellation is processed, a confirmation email will be sent via the Member's email account on record with BHBA. If Member has a question about a cancellation, Member should contact BHBA at . BHBA reserves the right to change its fees or billing methods at any time. BHBA will provide timely notice to the affected Users of any such changes.
All pricing is in United States dollars. Prices are current at the time of publication and are subject to change without notice.
BHBA may send a summary of your purchase to the email address you provided to our Services. You should receive a confirmation after concluding your transaction. If you do not receive a confirmation, if you receive an error message, or if you discover an error in the information provided, contact customer service immediately at to ensure your transaction was completed and that your information is correct. BHBA cannot be responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation. Information sent to the email address you provide will be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as "junk" or "spam."
The User must notify BHBA about any billing problems or discrepancies within sixty (60) days after charges are incurred. If it is not brought to BHBA's attention within 60 days, User agrees to waive their right to dispute such problems or discrepancies.
Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member's purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Services. BHBA reserves all rights not expressly granted herein in the Services and the Content (as defined below). BHBA may terminate this license at any time for any reason or no reason.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Except for your User Content, the Services and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights related thereto, are the exclusive property of BHBA and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BHBA under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, BHBA does not waive any rights to use similar or related ideas previously known to BHBA, or developed by its employees, or obtained from sources other than you.
Some areas of the Services may allow Users to post feedback, comments, questions, data, text, images, photos, video, sounds, musical works, works of authorship, materials and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. BHBA will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. All such User Content is owned by the User who posted it to the Services. BHBA does not have, nor does it claim, any ownership rights in any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
BHBA takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. In the event that you elect to download User Content, BHBA recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. BHBA disclaims any responsibility or liability relating to your access to or downloading of User Content. BHBA is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that BHBA shall not be liable for any damages you allege to incur as a result of such User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BHBA to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BHBA by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please provide this information to:
Copyright Notices
Beverly Hills Bar Association
9171 Wilshire Blvd, Suite 500
Beverly Hills, CA 90210
Email:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying BHBA and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the Digital Millennium Copyright Act ("DMCA"), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, BHBA has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. BHBA may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Though you may access the Services via a mobile device, BHBA shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of BHBA such as (for example) defects, latency, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Services, you are consenting to have your personal data transferred to and processed in the United States.
BHBA has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BHBA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless BHBA and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data transmitted or received by you; (ii) your purchase or use of any products through the Services; (iii) your placement or transmission of any message, content, information, software or other materials through the Services; (iv) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (v) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (vi) your violation of any law, rule or regulation of the United States or any other country; (vii) any claim or damages that arise as a result of any information that is submitted via your account; or (viii) any other party's access to and/or use of the Services with your unique username, password or other appropriate security code.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BHBA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BHBA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND BHBA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BHBA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. BHBA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL BHBA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BHBA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BHBA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BHBA HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BHBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
You and BHBA agree that any dispute, controversy, or claim that has arisen or may arise between us relating in any way to your use of or access to the Services, any interpretation, breach, enforcement, or termination of these Terms of Use, or otherwise relating to BHBA in any way (collectively, "Covered Matters") will be resolved in accordance with the provisions set forth in this Section 19.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at , provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of your issue.
The laws of the State of California, and applicable federal law, will govern all Covered Matters. California conflicts of law rules shall apply.
Subject only to the optional exceptions in Paragraph 19(e) below, you and BHBA each agree that any and all disputes, claims, or controversies that have arisen, or may arise, between you and BHBA relating in any way to or arising out of this or previous versions of the Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, your use of or access to our Services, or any products of services sold, offered or purchased through BHBA's Services shall be resolved exclusively through final and binding arbitration rather than in court. Any claims arising out of, relating to, or connected with these Terms of Use not resolved through Informal Resolution pursuant to paragraph 19(a) above must be asserted individually in a binding arbitration to be administered by JAMS/Endispute, LLC ("JAMS") in Los Angeles County, California pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. The arbitrator shall strictly apply California substantive law and the California Rules of Evidence. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. You agree, in the event that multiple separate demands for arbitration are filed concerning a single transaction or occurrence, or that seek the same or similar relief, that the arbitrator may relate or consolidate the separate demands and take such further actions as the arbitrator deems necessary and appropriate to streamline all related or consolidated proceedings. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, any claim that all or any part of these Terms of Use is void or voidable or that a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree and acknowledge that in any award to be granted by the Arbitrator, your rights and remedies against us or any other party related to the Services shall be limited to an action at law for money damages, and you hereby waive all other rights and remedies you may have at law or in equity (including, without limitation, injunctive relief, rescission, cancellation, and termination of this Agreement or the right to enjoin or restrain the advertisement, promotion, marketing or exploitation by BHBA or any third party in connection with the Services and/or any rights or activities hereunder in any and all manner of media whatsoever, whether now known or hereafter devised). For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same BHBA user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
There are only two exceptions in which the parties may elect to seek resolution outside of Arbitration before JAMS:
Payment of all filing, administration, and arbitrator fees will be governed by JAMS Rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, BHBA will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator's decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, BHBA is relieved of its obligation to reimburse you for any fees associated with the arbitration. The prevailing party shall be entitled to an award of all attorneys' fees, costs and expenses incurred by it in connection with the dispute. "Attorneys' fees and expenses" includes, without limitation, paralegals' fees and expenses, attorneys' consultants' fees and expenses, expert witness' fees and expenses, and all other expenses incurred by the prevailing party or its attorneys in the course of their representation of the prevailing party in anticipation of and/or during the course of the litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law; and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.
Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against BHBA prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and BHBA. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because of an election pursuant to Paragraph 19(e) above, you agree that any claim, controversy, or dispute that has arisen or may arise between you and BHBA must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and BHBA agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
IF YOU ARE A NEW BHBA USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ("OPT-OUT NOTICE") OR VIA US MAIL TO: BHBA, 9420 Wilshire Blvd., Suite B100, Beverly Hills, CA 90212. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW BHBA USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
In order to opt-out, the Opt-Out Notice must be sent by email or physical mail as set forth immediately above and the Opt-Out Notice must contain your name, complete address (including street address, city, state, and zip code), and email address(es) associated with your Member account(s) to which the opt-out applies. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), A JURY TRIAL, OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER WAIVED AND BARRED.
The Services are controlled and operated from facilities in the United States. BHBA makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, BHBA retains all rights, including all Intellectual Property Rights, to the Services and the Content therein, throughout the world.
BHBA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BHBA in our sole discretion. BHBA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
"BHBA", "Beverly Hills Bar Association", and other Services graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Beverly Hills Bar Association. BHBA trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BHBA. All other trademarks not owned by BHBA that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BHBA.
This Agreement, together with any other legal notices and agreements published by BHBA via the Services, shall constitute the entire agreement between you and BHBA concerning the Services.
Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BHBA without restriction.
If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding this Agreement, please contact us at .
