California Pro Bono Portal User Terms of Service and User Agreement (“Agreement”)

1.1. Legal Service Provider (LSP). An approved nonprofit organization or other entity providing free or low-cost legal services to people living in California, who are of limited financial means or from other vulnerable populations. As described in this Agreement, an LSP’s primary use of the Portal will be to publish, monitor, and manage Volunteer opportunities.

1.2. Volunteer. An individual (or organization representing individuals, such as a law firm or bar association) interested in providing free assistance to clients of an LSP. As described in this Agreement, a Volunteer’s primary use of the Portal will be to review, select, and complete pro bono opportunities provided by LSPs.

1.3. User. LSPs and Volunteers are considered “Users” of the Portal. As described in this Agreement, certain terms and conditions apply to LSPs only, certain terms and conditions apply to Volunteers only, and certain terms and conditions apply equally to LSPs and Volunteers (i.e., Users).

2.1. Primary Purpose. While the Portal has many purposes, the primary purpose of the Portal is to increase access to free, high-quality legal services for people of limited financial means and other vulnerable populations by creating a space for LSPs to publish, and Volunteers to find, pro bono legal opportunities.

2.2. Cost. The Portal is free of charge to all Users.

2.3. Community Grown. Developer A2J Tech built the Portal in collaboration with legal service providers, law firm professionals, and other community members who have invested hundreds of hours in planning, building, and incorporating community feedback. The Portal is intended to reflect the interests of the legal services and pro bono community in California, including those who provided feedback throughout the planning and buildout processes. The Portal is interested in hearing feedback to iterate, build upon, and expand its efficacy. Any User with suggestions or questions is encouraged to reach out to calprobono@goa2jtech.com.

3.1. Responsibility to Provide Accurate, Complete, and Current Information. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to ensure the accuracy, completeness, and timeliness of any information provided on the Portal, including, without limitation, contact information and Volunteer opportunity descriptions.

3.2. Responsibility to Ensure Volunteers Meet All Legal Requirements. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to ensure that Volunteers meet all legal, professional, and other requirements necessary to Volunteer with LSP, including, but not limited to, malpractice insurance coverage, professional responsibility compliance, and any other requirements set forth under applicable law and regulation.

3.3. Responsibility to Monitor Volunteers. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to monitor the conduct and performance of Volunteers, including, without limitation, the responsibility to manage legal assistance, ensuring quality and appropriate service to clients. The Portal has authority to take corrective action in cases of substandard performance, including terminating any LSP’s and/or Volunteer’s right to access and use the Portal.

3.4. Responsibility to Manage Legal Assistance. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to manage legal assistance, ensuring quality and appropriate service to clients obtained through the Portal.

3.5. Responsibility to Ensure Compliance with all Laws. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to maintain confidentiality of client information, and to ensure compliance with all applicable laws and regulations regarding client confidentiality, data protection, and other protections.

3.6. Responsibility to Keep Clients Informed. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to keep clients informed of the status of any case opportunity provided on the Portal.

3.7. Responsibility to Provide Competent Assistance. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to ensure that Volunteers provide competent assistance in any case opportunity provided on the Portal.

3.8. Professionalism. LSP acknowledges and agrees to commit to upholding the highest standards of professionalism, integrity, and ethical conduct. LSP further acknowledges and agrees that any behavior inconsistent with these principles may, at the Portal’s independent discretion, result in LSP’s suspension, reduction, and/or termination of access to and use of Portal.

3.9. Responsibility for Conflict Checks. LSP acknowledges and agrees that LSP has independent responsibility (and that the Portal has no responsibility) to complete required conflict checks required for representation, including for any Volunteers obtained through the Portal.

3.10. Malpractice Insurance. LSP acknowledges and agrees that LSP has independent responsibility (and the Portal has no responsibility) to confirm, prior to providing pro bono services through the Portal, that Volunteer has all required malpractice and/or other necessary insurance coverage, either independently or through an LSP.

3.11. Consent to Receive Automated Notifications. By registering on the Portal, LSP acknowledges and agrees to receive automated notifications, including, without limitation, updates on case assignments, messages from clients, and important announcements related to Volunteer activities. These notifications may be sent via email, in-app messages, or other communication channels provided by the Portal.

3.12. The Portal Does Not Guarantee Results. LSP acknowledges and agrees that the Portal cannot guarantee Volunteer placement or other results and the Portal is not responsible for ensuring Volunteer placements. More particularly, LSP acknowledges and agrees that the Portal may not be the best platform to find Volunteer assistance in all cases, in particular where a quick turnaround and/or addressing an emergency is required, and LSP has independent responsibility (and the Portal has no responsibility) to manage cases and opportunities provided on the Portal.

4.1. Responsibility to Provide Accurate, Complete, and Current Information. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and that the Portal has no responsibility) to ensure the accuracy, completeness, and timeliness of any information provided on the Portal, including, without limitation, information about a Volunteer’s education or other credentials and experience, language skills, contact information.

4.2. Responsibility to Ensure Compliance with All Requirements. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and that the Portal has no responsibility) to ensure that they meet all legal, professional, and other requirements necessary to Volunteer with LSP for any selected pro bono opportunity. If Volunteer has any questions about Volunteer requirements for a particular opportunity, Volunteer should contact the LSP who posted that opportunity.

4.3. Commitment to Providing Pro Bono Services, Free of Charge. Volunteer acknowledges and agrees that they will not charge any fees to the client, LSP, or otherwise in exchange for their services related to, or arising from, the Portal, including, without limitation: (a) Volunteer will not charge any fees for services reflected in a pro bono opportunity offered through the Portal; and (b) Volunteer will not charge any fees for services provided to any person they met as a result of using the Portal, unless clearly agreed in writing by the Portal, LSP who posted the opportunity, and the person for whom the services are being provided. The Portal is intended to provide free, high-quality legal services; it is not intended to be a referral source where a Volunteer might offer free services in response to a specific pro bono opportunity and subsequently offer (or attempt to offer) fee-based services to the same person (or related person).

4.4. Responsibility of Competency and Training. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and that the Portal has no responsibility) for ensuring sufficient experience and expertise to provide high quality services for any selected pro bono opportunities. If not already trained, Volunteer has independent responsibility (and the Portal has no responsibility) to complete relevant training to enhance their knowledge and effectiveness in serving clients. While the Portal may provide training materials, resources, or opportunities for continuing education to Volunteers, it remains the responsibility of the Volunteer (and not the Portal) to ensure they are adequately prepared to complete any selected pro bono opportunity.

4.5. Responsibility to Ensure Confidentiality. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and the Portal has no responsibility) to maintain the confidentiality of all client information obtained through the Portal, to take all necessary precautions to maintain confidentiality of client information consistent with applicable laws, ethical duties, and best practices, and to ensure the utmost confidentiality of client information throughout and following any services provided through the Portal.

4.6. Responsibility to Communicate Availability. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and the Portal has no responsibility) to ensure they provide prompt services and reasonable updates and address client inquiries for any selected pro bono opportunities. While Volunteer work is often flexible, Volunteers are required to provide clear communication regarding their availability (including changes to their availability) and appropriate, complete updates of their work to LSPs and clients.

4.7. Responsibility to Communicate Promptly. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and the Portal has no responsibility) to communicate promptly and professionally when using the Portal, including, without limitation, in all communications with people seeking legal assistance through the Portal and all communications with any LSP regarding a pro bono opportunity.

4.8. Responsibility to Maintain Reasonable Recordkeeping Practices and Respond to Requests. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and the Portal has no responsibility) to maintain accurate records of the pro bono services provided, including case details and time spent, and to respond promptly to reasonable requests for this from any LSP or the Portal. This information may be maintained by a law firm or other organization on behalf of a Volunteer.

4.9. Responsibility and Commitment to Professionalism. Volunteer acknowledges and agrees to commit to upholding the highest standards of professionalism, integrity, and ethical conduct. Volunteer further acknowledges and agrees that any behavior inconsistent with these principles may, at the Portal’s independent discretion, result in Volunteer’s suspension, reduction, and/or termination of access to and use of Portal.

4.10. Responsibility to Confirm Malpractice Coverage. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and the Portal has no responsibility) to confirm, prior to providing pro bono services through the Portal, that Volunteer has all required malpractice and/or other necessary insurance coverage, either independently or through an LSP.

4.11. Links to Other Sites and Resources. The Portal may contain links to other websites or resources. Volunteer acknowledges and agrees that these links are provided for convenience only, and the Portal does not endorse, sponsor, or have any control over the content, privacy policies, or practices of these linked sites. By clicking on these links, Volunteer acknowledges that the linked sites may use cookies, collect data, or solicit personal information. It is Volunteer’s independent responsibility (and not the Portal’s responsibility) to review the terms and privacy policies of these linked sites before interacting with them.

4.12. Consent to Receive Automated Notifications. By registering on the Portal, Volunteer acknowledges and agrees to receive automated notifications, including, without limitation, updates on case assignments, messages from clients, and important announcements related to Volunteer activities. These notifications may be sent via email, in-app messages, or other communication channels provided by the Portal.

4.13. Responsibility for Conflict Checks. Volunteer acknowledges and agrees that Volunteer has independent responsibility (and that the Portal has no responsibility) to complete required conflict checks required for representation, including for any Volunteers obtained through the Portal.

4.14. The Portal Does Not Guarantee Results. Volunteer acknowledges and agrees that the Portal cannot guarantee Volunteer placement or other results and the Portal is not responsible for ensuring Volunteer placements. More particularly, Volunteer acknowledges and agrees that the Portal may not be the best platform to find pro bono opportunities and, specifically, that no opportunity is guaranteed to any Volunteer. The Portal and LSP have an independent right to terminate a Volunteer on any case, at their respective independent discretion, at any time.

5.1. The Portal May Terminate User’s Access. User has no absolute right to use the Portal. The Portal may, at its independent discretion, terminate any User’s use of the Portal, in accordance with applicable law, at any time. Specifically, and without limitation, The Portal reserves the right to reduce, suspend, or remove a User’s access to the Portal if the User is determined to abuse the program and/or violate any term of this Agreement.

5.2. User’s Responsibilities to Ensure No Interruption to Client Service. User may terminate its own account and stop using the Portal. In this event, User acknowledges and agrees that it will not terminate its use of the Portal in any way that negatively impacts client representation, and further acknowledges and agrees that User has independent responsibility (and the Portal has no responsibility) for ensuring that termination of its use of the Portal is consistent with all applicable laws and ethical obligations, including with respect to competent client representation.

6.1. User agrees to fully indemnify, defend, and hold harmless the Portal from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) Any breach of this Agreement by the Portal; (b) Any negligent or willful acts or omissions of the User or its agents, employees, or representatives in connection with this Agreement; (c) Any third-party claims, including but not limited to claims for personal injury, property damage, or infringement of intellectual property rights, arising from the User’s performance under this Agreement; and (d) Any other claims or liabilities for which the User is legally responsible under this Agreement.

6.2. In the event that the Portal becomes aware of any claim or demand for which it seeks indemnification under this Agreement, the Portal shall promptly notify User in writing of such claim or demand. User shall have the right to assume the defense and control of such claim or demand, with counsel reasonably acceptable to the Portal, and the Portal shall cooperate fully with User in the defense of such claim. User shall not settle any claim or demand that imposes any liability or obligation on the Portal without the Portal’s prior written consent.

6.3. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement.

7.1. Data and Reporting. The Portal will periodically request data from User regarding the Portal usage. User acknowledges and agrees that it will share relevant data and reports with the Portal, assisting in evaluating the impact and effectiveness of the services provided.

8.1. The Portal is committed to advancing justice and promoting equity for our clients and communities, recognizing the reality that we live in a society where racism, sexism, homophobia, transphobia, and other prejudices create barriers to access equitable legal services. Through providing greater access to high-quality legal services, the Portal works to stand up against such prejudices and remove barriers limiting equitable access to legal services.

8.2. User acknowledges and agrees to commit to advance justice and promote equity, including by offering services without discrimination based on race, color, religion, sex, national origin, age, disability, sexual orientation, or any other protected status under applicable laws or regulations. User further acknowledges and agrees to embrace diversity, ensure equal access to legal aid services, and foster an inclusive environment for all individuals using the Portal.

9.1. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined in accordance with this Section, including informal dispute resolution/mediation under Section 9.2 and, if those good faith efforts do not result in a satisfactory resolution, then arbitration under Section 9.3.

9.2. In the event of any dispute or disagreement arising out of or in connection with this Agreement, the User and the Portal shall first attempt to resolve the matter through good faith negotiations. If such negotiations fail to reach a resolution, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in accordance with the rules and procedures of a mutually agreed-upon mediation service or mediator.

9.3. If mediation does not result in a satisfactory resolution within a reasonable timeframe, the parties may proceed to binding arbitration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

10.1. This Agreement shall be governed by and construed in accordance with the laws of California. Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be instituted independently within California.

11.1. Complete Agreement. By proceeding with the application process, User expressly agrees to be bound by the terms and conditions reflected in this Agreement, effective as of the date of confirmed registration. Any failure to comply with this Agreement may result in immediate termination of User’s access to, and ability to use, the Portal.

11.2. Periodic Review and Amendments. This Agreement shall be subject to periodic review and may be amended as necessary to address changing circumstances or legal requirements. Any amendments to this Agreement shall be made in writing and shall be distributed to User through the Portal and/or other means determined by the Portal.