The FIRN Domestic Violence-Asylum Portal (“portal”) was created as a resource for non-profit organizations, private lawyers, and other legal professionals, all of whom serve the interests of asylum seekers and defend the rights of those who seek asylum on the basis of domestic violence. The portal was not created for or intended to be accessed or used by anyone who is currently, or expected in the near future to be, an employee, agent, affiliate or associate of the United States government including, but not limited to, any office or agency within the Department of Justice and the Department of Homeland Security. The exception to the preceding requirement applies only to public defenders who are defending the rights of asylum seekers. You represent and warrant that all registration information you submit, including your attestation that you are not currently, or expected in the near future to be, an employee, agent, affiliate or associate of the United States government, is accurate and truthful.
FIRN may, in its sole discretion, reject request to create an account or refuse access to any person or entity and change its eligibility criteria at any time without prior notice. This provision is void where prohibited by law and the right to access the portal is revoked in such jurisdictions.
The portal is not intended to provide legal advice, nor should any information, documents, images and/or other materials provided on, or through access to, the portal (“content”) be considered or used as legal advice.
Use of Portal Constitutes Acceptance
This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of this portal) and FIRN. By using this portal, you acknowledge and agree that you have fully read the provisions of this Agreement and agree to be bound by them, exactly as if they were printed on paper and signed by you.
Business or Employment Use
Where you use the portal in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to “you” shall mean both you as the individual user of the portal and you in your capacity as a representative of your organization.
No Legal Advice. Any information contained in this portal should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should not act or refrain from acting on the basis of any content included in, or accessible through, this portal without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your state, country or other appropriate licensing jurisdiction.
No Attorney-Client Relationship or Fiduciary Relationship. You agree that your use of the portal does not create any attorney-client or fiduciary relationship between you, FIRN, and/or any of the organizations and agencies listed on the portal, or between you and any other user of the portal.
Redaction of Confidential and Proprietary Information. You agree to redact any and all confidential and/or proprietary information before submitting any content to the portal. FIRN will make reasonable efforts to redact confidential information that might have been inadvertently submitted or shared by you on the Portal; however, you remain solely responsible for protecting your interests and those of your clients. You acknowledge and agree that any content that you provide through the portal, except for obviously confidential personal information of asylum seekers, will not be treated as confidential or proprietary unless FIRN expressly agrees, in writing, to treat such information in such manner.
Confidentiality. FIRN will not disclose, or cause or permit to be disclosed, to any person or entity, any confidential information except that FIRN may make such disclosure if it has received a written confirmation from you granting permission for FIRN to disclose such information, or at the reasonable advice of its outside counsel that such disclosure must be made in order that FIRN not commit a violation of law.
Assumption of Risk. You remain solely responsible for protecting your interests and those of your clients. You may not claim detrimental reliance on any training or content that may be accessed or received through the portal. Your use of this portal is at your own risk.
The portal and content are updated on a regular basis; however, they may not reflect the most current legal developments. FIRN does not warrant the accuracy of the information contained herein, nor is it responsible for any errors and/or omissions. Furthermore, FIRN does not assume any liability for the portal’s use, availability or compatibility with your software or computers.
You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding FIRN’s implementation of reasonable security precautions, FIRN does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures that may be provided by FIRN, from time to time, and will not attempt, nor will you aid or get any other person in any attempt to circumvent or otherwise interfere in any way with any security precautions or measures by FIRN.
NO WARRANTIES. FIRN PROVIDES THE PORTAL AND ALL CONTENT AND SERVICES SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NEITHER THE PORTAL NOR ANY OF ITS CONTENT OR SERVICES ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. FIRN DOES NOT, NOR DOES ANY EMPLOYEE OR AGENT OF FIRN, GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. IN ADDITION, FIRN DOES NOT, NOR DOES ANY EMPLOYEE OR AGENT OF FIRN, GUARANTEE THAT PROVISION OF ANY PROTAL OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
Courtesy and Common Sense. Participation in message boards and other online interaction with other users of the portal should be governed by the same rules of courtesy and common sense as face-to-face interactions with other people who may share different opinions.
Unacceptable Behavior. You will not (nor will you aid or abet any third party to):
Upload, post, email or otherwise transmit to the portal any material that is:
Confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public;
Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or invasive of the rights of any other person or entity;
Likely to infringe nor misappropriate any patent, copyright, trademark, trade secret or other intellectual property right of any other person or entity;
Or a virus, worm or Trojan horse, or any other computer code that is likely to disrupt, overload, harm or impair the functioning of the portal;
Attempt to impersonate any other person, or otherwise misrepresent your identity, qualifications, affiliations or any other information about you;
Solicit other users or post any advertisement without FIRN’s express written consent;
Attempt to disrupt, overload, harm or impair the functioning of the portal;
Or engage in any conduct that is unlawful, disruptive or otherwise inappropriate.
Postings Not Anonymous. FIRN does not guarantee that any message-board posting or other material that you post on the portal will not be traceable to you, either by FIRN or by other users. FIRN reserves the right to monitor any and all of your activities on the portal, and to take appropriate action with respect to inappropriate or unlawful conduct, including, without limitation, reporting such conduct to appropriate authorities, In some cases, the functionality of the portal or other technology also may allow other users to learn your identity or other information about you. You may be liable to other users, as well as FIRN, for any defamatory or otherwise unlawful material that you post on the portal.
Downloading Content. FIRN grants you a revocable, nontransferable, nonexclusive license to download copies of articles, documents, contact information and other content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any content, or (b) accept any consideration in exchange for any content, or for services provided to any third party (including legal services) using any content as your own work product.
Links to the Portal. FIRN grants you a revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of the portal; provided that you do not: (a) “deep link” to any other page of the portal, without proper citation or attribution, (b) “frame” the portal or any content, or otherwise cause the portal or any content to appear in a window with any other material, (c) cause the hyperlink or the portal to be displayed in any way that is disparaging to FIRN, any employee or agent of FIRN or any individual or entity associated with FIRN, or (d) otherwise imply or state that any type of relationship or special arrangements exist with FIRN, or any employee or agent of FIRN or any individual or entity associated with FIRN, that have not been approved in writing by FIRN. You agree that you will promptly remove any hyperlink to the portal upon written request from FIRN to do so. In no event will you use FIRN’s logo or any other trademark as a hyperlink “button” or in any manner without FIRN’s express written consent.
Indemnification. FIRN provides the portal, content and services solely as an accommodation to you, and FIRN and each employee, agent, or entity that is part of FIRN will not accept any risks arising from your use thereof. As such, you will indemnify, defend, and hold harmless FIRN and its partners, employees, vendors, and agents, from and against any and all claims that arise from or relate to: (a) your use of the portal, content or service; (b) FIRN’s use of any message-board posting, information or other material that you upload or send to, or post on, the portal; or (c) your breach of any provision of this Agreement.
Portal Content. All of the content, including, without limitation, all texts, graphics, video and sounds on the portal, and all computer code associated therewith, are the valuable proprietary property of FIRN, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that FIRN has expended substantial time and effort to create the portal and add the content provided through the portal, and that, except for the content owned by third parties and linked to the portal, FIRN exclusively owns all rights, title and interest therein and all associated information, data, databases, images and other material.
Complaints and Digital Millennium Copyright Act. If you wish to make any complaint regarding any content, then please contact firstname.lastname@example.org. FIRN’s agent for notice purposes under 17 U.S.C. § 512, as registered with the United States Copyright Office, is:
5999 Harpers Farm Rd.
Columbia, MD 21044
License to Use Your Postings. With respect to any message-board posting, article or other material that you upload, post, email or otherwise transmit to the portal, you hereby grant to FIRN a perpetual, irrevocable, nonexclusive, royalty-free license to use, copy and publish such material on the portal and elsewhere; provided, that FIRN will adhere to the applicable privacy laws of the State of Maryland and any confidential information about asylum seekers is redacted prior to disclosure.
Limitations of Liability
NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL FIRN OR ANY OF ITS RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE PORTAL, ANY CONTENT OR ANY SERVICE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, OR ANY PENALTIES IMPOSED UNDER APPLICABLE LAWS, EVEN IF FIRN OR ANY OF ITS RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
AGGREGATE LIABILITY. Except as required by any applicable mandatory law, in no event will the aggregate liability of FIRN or any of its respective partners, employees, vendors and agents with respect to all claims arising out in connection with this agreement, the portal, all content and all services exceed an amount equal to one hundred United States dollars.
MANDATORY APPLICABLE LAWS. THE PRECEDING CLAUSES SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE MANDATORY LAWS. THE EXTENT OF THIS EXCEPTION IF ANY WILL DEPEND ON THE COUNTRY IN WHICH YOU RESIDE AND THE CAPACITY IN WHICH YOU USE THE PORTAL.
Jurisdiction. This agreement will be governed by the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Maryland or any other jurisdiction) to the extent such rules or provisions would cause the application of the laws of any jurisdiction other than the State of Maryland. The state court located in Howard County, Maryland, and the federal court located in Baltimore City, Maryland, will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, the portal or any services. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy rising from or relating to this agreement.
Assignment. Your rights and obligations under this agreement are personal to you and may not be assigned to any other party.
Waiver. FIRN will not, nor any employee, vendor, or agent or FIRN, be deemed to have waived any breach by you of this agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
Severability. If any provision of this agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
Complete Understanding. This agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.