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Terms of Use - Attorney-Client Meeting

WARNING: By clicking on “Book” when scheduling through the Attorney-Client Meeting Calendar you agree to the below Terms and Conditions. Failure to comply with the following Terms and Conditions will result in the termination of the video conference and a possible ban from utilizing this service. The Terms and Conditions of the Use Agreement (the “Agreement”) are legally binding between you and the Court. This Agreement applies to all Users of this Site or Service. If you choose to use the Site and Service, you will be agreeing to abide by all of the Terms and Conditions of the Agreement. The Court may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.

The US Courts - New York Northern District ("NYND" or the "Court") provides attorneys a service on the web page Attorney-Client Meeting Calendarwith a platform for participation in and access to internet-based video conferencing (Microsoft Teams) with a represented client from a correctional facility, and other features, functions or services on the Site (collectively, the “Service”).

USE AGREEMENT

  1. 1. System Requirements: The attorney must have a compatible device, Internet access (fees may apply), and certain applications or software (which may require updates from time to time). The attorney’s ability to use this service may be affected by the attorney’s hardware, software and internet access. High speed internet access is recommended. The Court uses the Microsoft Teams platform. It offers a free application for devices like iPads/iPhones/Androids and Tablets. It also offers free web connectivity over a browser via Microsoft Edge, Google Chrome, or Mozilla Firefox. Please note that Internet Explorer or Safari are not compatible with Microsoft Teams. Full compatibility details can be found here https://docs.microsoft.com/en-us/microsoftteams/limits-specifications-teams#browsers. Below are links for free application downloads to Apple & Android devices:
  2. Services:
    • The Court will make available on the Court’s website the Microsoft Bookings platform for the attorney to schedule or modify a video appointment with a represented client from a correctional facility
    • The Court will schedule the meeting via Microsoft Teams with the attorney on the scheduled date and time in a video conference, and the attorney will be required to have access to Microsoft Teams or another platform compatible with Teams.
    • Attorneys agree that use of the remote kiosk shall be for attorney/client meetings.
    • If an attorney seeks to have a service provider included in a remote meeting, they shall request permission at time of scheduling such meeting. (See additional questions in Microsoft Bookings form) Approval from the Court for a service provider call must be established prior to the scheduled meeting.
    • In the event an attorney is unable to make a scheduled meeting they must notify the Court or reschedule utilizing Microsoft Bookings at a minimum of one hour prior to event. Repeated late or non-arrivals will be noted and can be subject to a bar and discontinued use of this service.
  3. Prohibited Use:
    • The attorney may not perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable in violation of 47 U.S.C. §230.
    • The attorney may not record any video conference call without the express consent of the Court.
    • The User may not perform any activity which will or may breach a third party right.
    • The attorney may not perform any activity which will or may breach a third party right.
    • The attorney may not engage in commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the site. Without limiting the generality of the foregoing, attorneys with automated programs may visit the site, but are specifically prohibited from resending or redirecting information without the prior written permission of the Court.
  4. Termination:
    • The Court may terminate a video conference at any time for a breach of these terms and conditions, and if an attorney continues to violate these terms and conditions or schedules appointments frivolously, the Court reserves the right to bar an attorney from using this service.
    • The Court may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature or content.
    • The Court may also impose time limits on certain features and services or restrict your access to parts or all the Service without notice or liability.
    • The Court may also impose limits on the number of meeting one attorney may schedule per week through this service.
  5. No warranties:
    • The Court shall use Microsoft Bookings platform for the scheduling of video conferences and Microsoft Teams for the participation of video conferences, and is therefore, reliant upon the programs being operational through Microsoft. If Microsoft Bookings or Microsoft Teams is not available due to technical difficulties, the Court shall not be held liable for any missed appointment due to circumstances beyond this Court’s control. The Court will make every attempt to contact the attorney via the telephone number or email provided at the time of booking to advise of the unavailability of Teams.
    • If the attorney’s internet access or software capability is insufficient, the Court shall not be held liable for any static or failure to connect issues.
  6. Continuing Agreement:
    • When using the Court services, the attorney and the Court may be subject to any additional terms, guidelines, or rules applicable to such services, which shall be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement.
    • Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services, shall be subject to this Agreement.