Last Updated: November 1, 2026

PLEASE READ THIS TERMS OF USE CAREFULLY. THIS TERMS OF USE SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF AND PARTICIPATION ON THE SERVICE (DEFINED BELOW).

Introduction

Welcome! This Terms of Use (the “Terms”) governs the website https://publiccounsel.org/ (including both mobile and online versions) and all related websites, online platforms and web-based services on which these Terms are posted (collectively, the “Site”) and your use of interactive features, widgets, content, and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by Public Counsel and its affiliates and subsidiaries (collectively, “Public Counsel,” “we,” “our,” or “us”). By using the Service, you acknowledge that your data will be collected pursuant to our Privacy Policy and you consent to the collection, use, sharing, and processing of your data in accordance with our Privacy Policy.

If you want to use the Service, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.

Public Counsel maintains the Service to provide general information about the pro bono legal services that it provides. The Service constitutes attorney advertising. The materials on the Service are provided for informational purposes only and are not intended to constitute legal advice or create an attorney-client relationship. You should not act upon information contained on the Service without seeking legal advice regarding your specific circumstances.

Prior results do not guarantee a similar outcome. The Service may include descriptions of client representations, legal strategies, or outcomes achieved in prior matters. Any results portrayed were based on the particular facts of those matters and should not be viewed as representative of all matters. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Public Counsel does not seek to represent anyone who desires representation based upon viewing the Service in a jurisdiction in which the Service fails to comply with all applicable laws and rules.

To the extent this Service may include statements that could be construed as testimonials or endorsements, no such statements are intended to constitute a guarantee, warranty, or prediction regarding the outcome of any particular legal matter.

Transmission of information contained on the Service is not intended to create an attorney-client relationship between you and Public Counsel. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Unsolicited information or documents sent prior to establishing an attorney-client relationship may not be privileged or confidential.

By accessing and/or using the Service, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.

Linkable Table of Contents

It is important that you read and understand these entire Terms before using the Service. To ease review, each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation. Any capitalized terms have the meanings given to them where defined in these Terms.

1. Content, Ownership, Limited License, and Rights of Others
We only grant you a limited revocable license to use the Service for your own noncommercial use subject to rules and limitations. More

2. Service and Content Use Restrictions
Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part at any time. More

3. Notices and Questions
You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of these Terms or by other reasonable means that we may elect, such as to the email address you provided. More

4. Links by You to the Service
You may link to our Service, subject to some basic rules. More

5. Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, sites, products, and/or services. We may make third-party content or services available to you on or via our Service, which we do not control. Use caution when dealing with third parties. More

6. Wireless Features
Wireless carrier charges may apply to use of the Service via wireless networks or Devices. More

7. Donations, Volunteer Opportunities, Requests for Assistance, Events and Trainings
Public Counsel provides opportunities to donate, volunteer, attend trainings and events, and request legal assistance. Certain terms are applicable to those programs, participation requirements, accessibility accommodations, and related services. More

8. Governing Law; Dispute Resolution
You agree to the terms regarding governing law, venue, and jurisdiction that apply to disputes relating to the Service. More

9. Disclaimer of Representations and Warranties
We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is.” More

10. Limitations of Our Liability
Our liability is greatly limited. More

11. Updates to Terms
These Terms and Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. More

12. General Provisions
You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) your indemnity of us; (c) accessing the Service from outside of the United States; (d) severability and interpretation; (e) communications with us; (f) termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; (i) your responsibility for your connectivity and access; (j) certain confidentiality issues; and (k) use in other jurisdictions. More

Full Details of the Terms of Use

1. Content, Ownership, Limited License, and Rights of Others
We may disclose personal data to the following categories of third parties:

1. Content. The Service contains a variety of: (i) materials and other items relating to Public Counsel, its services, and similar items from our licensors, partners, and other third parties, including all layout, forms, surveys, checklists, documents, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Public Counsel (collectively, “Trademarks”); (iii) descriptions of volunteer opportunities, volunteer resources, guidance documents, information on cases and proceedings, and blog posts; and (iv) other forms of intellectual property (all of the foregoing, collectively, “Content”). The Content may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transaction, as the Content may only consist of samples and may not be applicable to a particular situation. Your use of the Content on the Service is at your own risk. You should not act or rely on any information on the Service without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained on the Service does not necessarily reflect the opinions of Public Counsel’s clients.
2. No Attorney-Client Relationship; No Guarantee of Confidentiality. If you communicate with Public Counsel or any of our attorneys through the Service or otherwise by electronic mail or any other means, your communication will not create an attorney-client relationship with us, will not invoke an attorney-client privilege, and will not necessarily be treated as confidential. Public Counsel does not intend or purport to practice in any jurisdictions other than those in which our lawyers are licensed to practice. In the event this communication is not in conformity with the regulations of any state, Public Counsel is not willing to accept representation based on this communication.
3. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Public Counsel, our licensors, partners, and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Public Counsel or our licensors, partners, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Public Counsel owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
4. Limited License to Content. Subject to your compliance with these Terms and any Additional Terms, Public Counsel grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, noncommercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Public Counsel’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
5. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Public Counsel and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Services and Content Use Restrictions

1. Service Use Restrictions. You agree that you will not: (i) unless authorized by Public Counsel, use the Service for purposes of advertising or soliciting funds; (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Public Counsel; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Public Counsel, volunteers or clients/potential clients, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vii) attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service, through password mining or any other means; (viii) use the Service to generate, store, or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to generate, store or transmit material in violation of third-party rights (including, without limitation, privacy, copyright, trademark, and right of publicity) or material that contains inaccurate, misleading, biased, harmful, or discriminatory content; (ix) use the Service to store or transmit malicious code; (x) interfere with or disrupt the integrity or performance of the Service or any third-party data contained therein; (xi) harvest or otherwise collect or store any personal information using the Service (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (xii): (a) use false or deceptive identities, names, or accounts in connection with the Service, (b) deploy bots, malware, viruses, crawlers, or scrapers on the Service, including, without limitation, for any competitive advantage or to train or manipulate any artificial intelligence models, (c) engage in any activities that are designed to defraud or game Public Counsel or third parties, or (d) deploy, or permit any third party to deploy, any technology on, or in connection with, Public Counsel or Public Counsel branded sites, systems, or services that can enable the tracking of Site or Service activities or users, except with Public Counsel prior express written approval; (xiii) use the Service to develop machine learning models, train artificial intelligence or related technology; or (xiv) otherwise violate these Terms or any Additional Terms.
2. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors; (v) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of Public Counsel or, in the case of Content from a licensor, the owner of the Content; and (vi) you will not insert any code or product to manipulate such Content.
3. Availability of Service and Content. Public Counsel may immediately modify, interrupt, suspend, or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Public Counsel’s sole discretion, and without advance notice or liability.
4. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Public Counsel and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

3. Notices and Questions
You agree that: (a) we may give you notices of new, revised, or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (b) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your information on the Site or elsewhere where such functionality exists. If you have a question regarding using the Service, visit our “Contact Us” page on the Site for our contact information.

4. Links by You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and nontransferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Public Counsel or cause any other confusion; and (c) the links and the content on your website do not portray Public Counsel or its products or services in a false or misleading manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive or that violate any right of any third party. Public Counsel reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

5. Linked-To Websites; Advertisements; Dealings with Third Parties

1. Linked Services; Advertisements. The Service may contain links, as part of certain Services, third-party ads on the Service, or otherwise, to or from third-party websites (“Linked Services”), including websites operated by licensors, licensees, advertisers, and certain other third parties who may have business relationships with Public Counsel. Public Counsel may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Public Counsel does not assume any obligation to review any Linked Services. Public Counsel does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Public Counsel is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, Public Counsel will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Services. Public Counsel disclaims all liability in connection therewith.
2. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, privacy and data security, and the like). Public Counsel disclaims all liability in connection therewith.

6. Wireless Features

1. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.

7. Donations, Volunteer Opportunities, Requests for Assistance, Events and Trainings

1. Donations and Payments. The Service may allow you to make donations, register for paid or unpaid events, or otherwise submit payments through the Service or through third-party payment processors, fundraising platforms, or other service providers. Donations are voluntary and, unless otherwise stated at the time of donation or required by applicable law, are non-refundable. If you choose to make a donation or payment, you represent that you are authorized to use the payment method provided and that all information you submit is accurate and complete. Third-party payment processors, fundraising platforms, banks, card issuers, and other service providers may collect, process, and store payment information pursuant to their own terms, conditions, and privacy policies. Public Counsel is not responsible for any act, omission, error, delay, security incident, processing issue, fee, charge, or other conduct of any such third party.
2. Recurring Donations. If recurring donations are made available and you enroll in a recurring donation program, you authorize the applicable recurring charges at the frequency and amount selected by you until the recurring donation is cancelled. You are responsible for maintaining current payment information and for cancelling or modifying any recurring donation in accordance with the cancellation instructions provided at the time of enrollment or by contacting us through the contact information made available on the Service. Cancellation requests may require a reasonable processing period and will not affect donations already processed, except as required by applicable law.
3. Tax-Deductibility; No Tax Advice. Public Counsel is described on the Service as a charitable organization under Section 501(c)(3) of the Internal Revenue Code, and contributions may be tax-deductible to the fullest extent permitted by law. The Service does not provide legal, financial, accounting, or tax advice regarding the deductibility or treatment of any donation or other payment. You should consult your own tax advisor regarding the tax treatment of any contribution. Any donation receipt, acknowledgment, or other substantiation provided by Public Counsel or a third-party platform will govern the substantiation information for your donation.
4. Requests for Help; Intake; Clinics. The Service may include tools, forms, clinics, guides, or other resources intended to help users identify potential legal resources or request assistance. Submitting information through the Service, completing an intake form, using any navigator or screening tool, attending a clinic, or contacting us does not guarantee that Public Counsel will provide services, respond to your request, accept you as a client, or represent you in any matter. No attorney-client relationship is created unless and until Public Counsel expressly agrees to represent you in writing. You should not use the Service for urgent or time-sensitive legal matters and should not rely on any submission through the Service to preserve rights, meet court or agency deadlines, or comply with statutes of limitation. Unless Public Counsel has expressly agreed in writing to represent you, you remain solely responsible for protecting your own rights and deadlines.
5. Volunteer and Pro Bono Opportunities. The Service may describe volunteer, pro bono, clinic, training, mentoring, law student, legal professional, or other participation opportunities. Submitting a volunteer interest form, contacting us about a volunteer opportunity, signing up for a mailing list, or attending an orientation or training does not guarantee acceptance, placement, assignment, or participation in any opportunity and does not create an employment, agency, partnership, attorney-client, or other professional relationship with Public Counsel or any client. Volunteer and pro bono opportunities may be subject to separate agreements, engagement letters, conflict checks, screening, supervision, training, confidentiality obligations, professional responsibility requirements, malpractice or insurance requirements, client consent, and other conditions determined by Public Counsel in its discretion.
6. Events, Trainings, Webinars, and Educational Materials. The Service may include information about events, trainings, webinars, clinics, community resource days, presentations, or other programs. Event and training details, including date, time, location, format, speakers, topics, materials, capacity, eligibility, and availability, may change at any time. Registration does not guarantee admission, attendance, participation, continuing education credit, access to materials, or any particular outcome. Materials provided in connection with events or trainings are for general informational and educational purposes only and are not legal advice. Events or trainings may be subject to separate rules, notices, releases, or additional terms, including rules relating to photography, recording, accessibility accommodations, participant conduct, confidentiality, or continuing education credit.
7. Accessibility. Public Counsel may provide accessibility information, accommodation request procedures, or an accessibility statement through the Service. If you need an accommodation for an event, training, clinic, program, or use of the Service, please follow the instructions provided on the Service or contact us through the contact information made available on the Service. Accommodation requests may require advance notice and will be evaluated in accordance with applicable law and available resources.

8. Governing Law; Dispute Resolution
These Terms and any Additional Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You and Public Counsel agree that any legal or equitable claim or dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Public Counsel consent to the personal jurisdiction and venue of those courts for such purposes.

9. Disclaimer of Representatives and Warrranties
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Public Counsel, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, clients, successors, and assigns (collectively, the “Public Counsel Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

1. the Service (including the Content);
2. the functions, features, or any other elements on, or made accessible through, the Service;
3. any products, services, developer code, or instructions offered or referenced at or linked through the Service;
4. security associated with the transmission of any information transmitted to Public Counsel via the Service;
5. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
6. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
7. whether any defects to, or errors on, the Service will be repaired or corrected;
8. whether your access to the Service will be uninterrupted;
9. whether the Service will be available at any particular time or location; and
10. whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY AN PUBLIC COUNSEL PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLIC COUNSEL PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Public Counsel presents the information on the Service as a service to members of the general public. While the information and publications on this site are about legal issues, they are not intended to provide, nor are they the equivalent of, legal or professional advice. You should not act or rely on any information that you obtain from this site without first seeking the advice of an attorney regarding the facts of your specific situation. People seeking specific legal advice or assistance should contact an attorney, either by contacting a bar association Lawyer Referral Service, such as the services operated by the Los Angeles County Bar Association or the Beverly Hills Bar Association, or another source. Anyone reviewing the publications on this site should also consult the relevant statutes and court decisions when relying on cited material.

10. Limitations of our Liability
TO THE FULLEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PUBLIC COUNSEL PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

1. the Service (including the Content);
2. your use of or inability to use the Service, or the performance of the Service;
3. any action taken in connection with an investigation by Public Counsel Parties or law enforcement authorities regarding your access to or use of the Service;
4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. any injury or damages you sustain directly or indirectly as a result of your use of the Service;
6. any errors or omissions in the Service’s technical operation; or
7. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Public Counsel Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PUBLIC COUNSEL PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PUBLIC COUNSEL TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

11. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your purchase for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

12. General Provisions

1. Public Counsel’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Public Counsel a right of consent or approval, or permits Public Counsel to exercise a right in its “sole discretion,” Public Counsel may exercise that right in its sole and absolute discretion.
2. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Public Counsel Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Public Counsel Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Service and your activities in connection with the Service; (ii) your breach or alleged breach of these Terms or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; (vi) any other party’s access and/or use of the Service on your behalf; and (vii) Public Counsel Parties’ use of the information or content that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Public Counsel Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Public Counsel Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Public Counsel Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Public Counsel Party.
3. Operation of Service; International Issues. Public Counsel controls and operates the Service from its U.S.-based offices, and the Service is primarily intended for users located in the U.S. Public Counsel makes no representation that the Service is appropriate or available for use beyond the U.S. These Terms comply with U.S. law only. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
4. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
5. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email and/or text message, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Termination; Survival. Upon suspension or termination of your access to the Service, or upon notice from Public Counsel, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Public Counsel in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, and choice of law.
7. Assignment. Public Counsel may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Public Counsel.
8. No Waiver. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or Public Counsel in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict Public Counsel’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
9. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
10. Certain Confidentiality Issues. Choosing an attorney is a serious matter and should not be based solely on information contained on the Service or in advertisements, and the engagement of counsel may not be accomplished by sending Public Counsel confidential information related to you and/or your company unless Public Counsel has expressly authorized the submission of such information by written authorization. You may send Public Counsel email. However, if you communicate with Public Counsel in connection with a matter for which Public Counsel does not already represent you, you should not send Public Counsel any confidential or sensitive information via email or otherwise because your communication will not be treated as privileged or confidential. If you communicate with Public Counsel by email in connection with a matter for which Public Counsel already represents you, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
11. Use In Other Jurisdictions. Public Counsel practices law only in jurisdictions in which Public Counsel is properly authorized to do so. Public Counsel does not seek to represent anyone in any jurisdiction where the Service does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. Public Counsel is unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.