COVID-19 Response Forum List Server Agreement

 

Please review terms of the agreement and affirm agreement at bottom of page.

 

The NYSTLA List Servers  (“list server”) are a service to members of NYSTLA. In order to participate in the list servers, NYSTLA members must sign this NYSTLA COVID-19 Response Forum List Server Agreement (“Agreement”).

 

In consideration of participating in the list server, I agree to the terms and conditions set forth in this Agreement. I understand that NYSTLA may modify the terms and conditions of this Agreement from time to time including, but not limited to, the right to impose access and usage limitations, and that such modifications shall be effective when posted upon the NYSTLA members area of the website;  that that posting shall constitute good and effective notice to me of any such modification; and that any further use by me of the list server shall constitute my unequivocal acceptance of the terms of any such modifications.

  1. I am not an employee or elected official of any judicial, legislative, or executive branch of any local, state or federal government and/or political subdivision.
  2. I recognize that this list server is intended solely as a useful resource for the prosecution of plaintiff personal injury cases, and is not to be used to assist or advance the defense of any such matters.
  3. Accordingly, in the event that I cease to meet the above-listed list server membership requirements in any respect, I am required to and will immediately notify NYSTLA and request that NYSTLA remove me from the list server.
  4. I will not send, post, disseminate or otherwise distribute any question to this list server that involves any personal ethical question detailing any ethical issue or violation that I believe may have been committed by me or anyone in my office or associated with my office or doing work on behalf of me or my office, except to ask a generalized question regarding obligations as attorneys and counselors at law.
  5. Given the broad spectrum and makeup of NYSTLA members, I recognize that list server posts must be professional. Therefore, I will not use the list server to:
    • send off topic messages such as jokes or items for sale, unless “OT” is used in the subject header alerting users that it is an off-topic posting;
    • send any messages containing defamatory, abusive, profane, threatening, offensive or illegal information or materials, including those related to race, religion, color, creed, sex, age, national origin, ethnicity, and/or sexual orientation;
    • except where integrally intertwined or directly related to the prosecution or potential prosecution of a plaintiff’s case for which legitimate list server assistance is sought, send any messages that single out, insult, make fun of, impugn, or suggest inferiority of any person, or class or persons; send any messages which call for, suggest, or otherwise support insurrection, revolt, the taking up of arms, or other governmental disobedience, except in a peaceful and civil manner and in compliance with the United States Constitution;
    • discuss my business policies or practices with competitors in any anticompetitive context;
    • list any copyrighted material or information without the consent of the
    • copyright owner; disclose, forward or otherwise share any material or information obtained, either directly or indirectly, via the NYSTLA list server to anyone who is not authorized to receive such information, including non-authorized members of my firm. This prohibition shall not include my non-attorney support staff. This provision applies to all postings on the NYSTLA list server and to all private replies or responses sent outside the NYSTLA list server that are related to any NYSTLA list server posting;
    • obtain information that may be used in the defense of any case
    • offer my or my firm’s services, or the services of any firm with which I may be affiliated in any respect, except in response to a previously posted inquiry on the list server specifically requesting the type of services which I am offering I will not post any solicitation of business nor will I initiate on the list server any offers to provide services by my firm or any firm or attorney with which I am affiliated, except in response to a previously posted inquiry on the list server specifically requesting the type of services which I am offering.
  6. I understand and acknowledge that the list server may not be totally private and may contain discoverable statements or information. I agree that I will not sell or distribute for profit any of the information, documents or materials I obtain from the list server or its members under any circumstances, nor will I share any of the information, documents or materials I obtain from the list server with any attorneys who are not solely representing plaintiffs.
  7. I agree that all electronic communications on the list server will be used for business purposes only and in accordance with NYSTLA’s bylaws and/or policies and procedures. The list server is subject to periodic audit and monitoring by NYSTLA board members and contractors for business and security purposes.
  8. I understand that I may be held individually liable for any communications I send on the list server, including but not limited to, defamatory, discriminatory, antitrust, anticompetitive, false, or unauthorized information. I also understand that I must comply with all state and federal copyright, trademark and patent laws and regulations.
  9. I agree to indemnify, defend and hold harmless NYSTLA and its respective subsidiaries, affiliates, officers, owners, agents, employees, parents, insurers, successors or assigns from and against all loss, claims, demands, causes of action, liabilities, and expenses, including reasonable attorney’s fees and costs, arising from any claim arising out of or resulting from, in whole or in part: (a) any breach of the Agreement by me; or (b) any omission or act taken or committed by me.
  10. I agree that in no event shall NYSTLA be responsible to me for any indirect, consequential, special or punitive damages or losses I may incur in connection with the list server or any of he data or other materials transmitted through or residing on the list server, even if NYSTLA has been advised of the possibility of such damage or loss.
  11. I acknowledge that NYSTLA may remove me from the list server for violating this agreement in any respect, and that such violation may result in termination of my membership in NYSTLA. On a first violation, an e-mail notice may be sent to warn me of the infraction. A second violation may result in suspension from the list server for a period of time, said suspension and the length thereof to be decided solely by the NYSTLA Executive Committee. A third violation may result in termination of list server privileges, to be decided solely by the NYSTLA Executive Committee. The NYSTLA Executive Committee reserves the right to utilize any and all measures under this discipline policy, including immediate termination of list server privileges, on a first violation, depending upon the nature and severity of the infraction.
  12. NYSTLA, through its officers, its Executive Director and any other member of NYSTLA or employee who shall be so designated pursuant to its own discretion shall be the sole interpreter of the terms of this Agreement; of any alleged violations of the Agreement; and of the imposition of any of the sanctions set forth for herein. I recognize that I have no right of appeal from any such determination, other than to submit a request for review and/or reconsideration of any such interpretation or decision to the Executive Committee of NYSTLA, its Executive Director or whomever else shall be appointed by NYSTLA in its sole discretion.
  13. This Agreement shall become effective upon approval and execution by NYSTLA, and shall continue in force until terminated by me in writing. Notwithstanding the foregoing, NYSTLA may terminate this Agreement immediately upon written notice to me.
  14. This Agreement shall be governed by and construed under the laws of the State of New York. If either NYSTLA or I fail to notify the other of any violations of this Agreement, this will not mean that NYSTLA or I cannot notify the other of future violations of any part of this Agreement.
  15. I will not voluntarily disclose any material or information I obtain, either directly or indirectly, from the list server to anyone who is not authorized to receive such information. This provision applies to all postings on the NYSTLA list server and to all private replies or responses sent outside the NYSTLA list server that are related to any NYSTLA list server posting. I understand, however, that this Agreement does not prevent me from using the material or information obtained from the list server in my legal practice.

 

 

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PLEASE NOTE
After submission, please allow 1-2 business days for your application to be approved.