ARMENIAN WOMEN’S BAR ASSOCIATION’S

LISTSERV AGREEMENT

 

This ArmenianWBA Listserv Agreement (“ Agreement ”) is made and entered into by and between the Armenian Women’s Bar Association (“ ArmenianWBA ”) and the undersigned ArmenianWBA Member (“ Member ”).

 

WHEREAS , ArmenianWBA maintains an electronic forum (“ Listserv ”). The ArmenianWBA Listserv is organized and operated for the purpose of providing a forum for Members to discuss ongoing ArmenianWBA projects and committee matters, share information and ideas for ArmenianWBA events, and connect with other Members.

 

WHEREAS , the undersigned Member would like to obtain access to a collaborative mechanism in the course of their membership with the ArmenianWBA and to use the ArmenianWBA Listserv as a resource.

 

NOW , in consideration of the mutual agreements set forth, the parties agree as follows:



1.      DEFINITIONS



  1. ArmenianWBA Listserv : “Listserv” includes any information exchanged among the Members and any archive of said exchanges, whether stored in electronic, printed, or any other format. Any and all Listservs operated by the ArmenianWBA shall be referred to collectively as the “ArmenianWBA Listserv.”



2.               Members : Members in good standing with the ArmenianWBA who are current on their membership dues.



2.               RULES

 

Qualification for Participation . Access to and use of the ArmenianWBA Listserv is limited to Members in good standing who have not been suspended for prior violations of this Agreement.

 

Members agree to be bound by the following ArmenianWBA Listserv Rules: 



  1. Golden Rule . Be kind and courteous.



2.               Permitted Content :

a.               Questions and advice related to professional development and relevant resources. 

b.               Seeking advice or documents related to the legal profession.

c.               Employment opportunities and job announcements.

d.               Member accomplishments and award opportunities.

e.               Referral requests.

f.                Public documents may be disseminated where relevant.

 

3.               Prohibited Content : 

a.               Obscene, racist, sexist, inflammatory, libelous, threatening, abusive, harassing, pornographic, privacy invading, and/or hateful language.

b.               Personal attacks on another person.

c.               Excessive posting or spam, i.e. , not spaced out temporally or repetitive posting of the same message. 

d.               Advertisements, solicitations, promotions or announcements of meetings outside of the ArmenianWBA.

e.               Posts that infringe on anyone’s intellectual property rights. 

f.                Posts that are unrelated to the work of the ArmenianWBA or the legal profession.  



4.               Signature on Messages. Members must include their name and email address within each Listserv message or reply thereto.



5.               Solicitation of Business . Use of the ArmenianWBA Listserv to solicit business by an owner or agent of a company (other than a law practice) that provides products or services to attorneys is prohibited. This includes display of company advertisements or logos, promotion of the company, discussion of the company and its product or service, or contacting Members who have posted about an interest in any particular product or service.



6.               The ArmenianWBA does not check the accuracy or completeness of any information that is posted and Members rely on the information at their own risk. Posts are considered the opinion of the author only. Information posted is for discussion purposes only and each Member is solely responsible for verifying and interpreting applicable laws. 



7.               Members shall not post any confidential information. The ArmenianWBA is not responsible for the consequences of any confidential information being posted on the ArmenianWBA Listserv, including breaches or losses of confidentiality. The ArmenianWBA cannot and does not act as a guarantor of such confidentiality.



3.      ENFORCEMENT

 

Violation of this Agreement may result in Warnings, Admonishments, Temporary Suspensions, or Permanent Suspensions from the ArmenianWBA Listserv, in addition to the removal of violating posts. The ArmenianWBA Executive Committee has wide discretion to determine the appropriate consequence of Members’ violative actions.



  1. Warnings are warranted in response to minor and/or inadvertent violations. Warnings may be either private or public. Private warnings are appropriate for first offenses. Private warnings are strongly favored, although a public warning may be appropriate after two to three repeat rule violations, depending on the nature of the offense. 



2.               Admonishments are reserved for reprimanding serious violations of Listserv Rules and/or misconduct. Like warnings, admonishments can be both private and public. Private admonishments are favored and may be issued without the Board of Directors’ approval. Public admonishments are appropriate where the offense warrants open communication to the entire Listserv regarding a serious issue and further explains the manner in which the issue has been addressed. Public admonishments must be approved by the Board of Directors.



3.               Suspensions may be warranted for the same conduct that warrants an admonishment. The severity of the misconduct determines whether a suspension is warranted in addition to an admonishment.

a.               Temporary suspensions may be issued by the Executive Committee and are subject to its sole discretion.

b.               Permanent suspensions require approval of the Board of Directors.

c.               Before resorting to a suspension, the Executive Committee may, but is not required to, contact the Member to informally attempt to stop the conduct.



4.               Removal of Posts from the ArmenianWBA Listserv . The ArmenianWBA may, but is not required to, remove posts that violate the terms of this Agreement. Any removal is subject to ArmenianWBA’s sole discretion and approval.



4.               GENERAL TERMS



  1. Right to Update . ArmenianWBA reserves the right to update the terms of this Agreement at any time without prior notice. It is the responsibility of the Member to regularly review these terms and any changes made to them. By continuing to use the ArmenianWBA Listserv after any updates, you agree to be bound by the revised terms of the Agreement.



2.               Indemnity and Hold Harmless . The undersigned Member agrees to accept full personal responsibility (and to defend, indemnify and hold the ArmenianWBA and its Board of Directors, Executive Committee, contractors, and third-party service providers harmless) from and against any actions performed or messages sent using his or her account, including any intellectual property infringement or any other legal actions which may be brought against the ArmenianWBA as a result of information posted under the Member’s account.



3.               LIMITATION OF LIABILITY . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARMENIANWBA AND ITS BOARD OF DIRECTORS, EXECUTIVE COMMITTEE, CONTRACTORS, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY MEMBER OR OTHER PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE ARMENIANWBA LISTSERV, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT ANY PARTY’S LIABILITY FOR (A) FRAUD; (B) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (C) ANY LIABILITY TO THE EXTENT IT MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.



4.               Complaints or Inquiries Regarding the Listserv . Complaints or inquiries about Listserv postings shall be directed to the Executive Committee at info@armenianwba.org. More serious violations, such as those which might involve a permanent suspension from the ArmenianWBA Listserv, shall be brought to the attention of the ArmenianWBA Board of Directors.



5.               No Duty of Care . The ArmenianWBA assumes no responsibility for any posts or for any Member’s reliance on information posted by other Members.Posting information on the ArmenianWBA Listserv does not create a co-counsel relationship between Members or with the ArmenianWBA Board of Directors or Executive Committee. The ArmenianWBA assumes no responsibility for any damages resulting from reliance on content on the ArmenianWBA Listserv.



6.               Waiver . No waiver of any breach of the terms of this Agreement shall be deemed a waiver of any other or subsequent breach. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce it at a later time . 



7.               Severability . If any provision of this Agreement is held to be contrary to applicable law, the validity of the remaining provisions of the Agreement shall not be affected and shall continue in full force and effect.



8.               Headings . Headings are for convenience only and shall not be used to interpret the terms of this Agreement.

 

SIGNATURE PAGE

 

To join the ArmenianWBA Listserv, you must qualify as a Member .

 

➭ To Activate an ArmenianWBA Listserv account, you must provide the following information, then sign and return to this signature page only to ArmenianWBA@gmail.com.

 

➭ Once your membership has been verified, you will receive a notification and instructions via email and will be able to send and receive email messages from the ArmenianWBA Listserv to which you have subscribed. The ArmenianWBA Listserv Rules are available at ArmenianWBA.org.

 

I CERTIFY THAT I HAVE READ THE ABOVE ARMENIAN WOMEN’S BAR ASSOCIATION LISTSERV AGREEMENT, UNDERSTAND ITS TERMS AND CONDITIONS, AND AGREE TO COMPLY WITH AND BE BOUND BY IT.