1.1. Client. An individual or organization seeking or receiving legal assistance through a Legal Service Provider (LSP) via the Portal. Clients must fall within the scope of “pro bono legal services” as defined in Section 1.4, and are typically persons of limited means in Colorado or charitable, religious, civic, community, governmental and educational organizations serving or operating in furtherance of the needs of vulnerable populations in Colorado.

1.2 Legal Service Provider (LSP). A Portal approved nonprofit organization or other entity providing “pro bono legal services,” within the meaning of Section 1.4, in Colorado. As described in this Agreement, an LSP’s primary use of the Portal will be to publish, monitor, and manage Volunteer opportunities.

1.3. Pro Bono CO (Portal). The Portal is a website offered to LSPs and Volunteers as a free resource designed to connect LSPs and Volunteers in helping persons of limited means in Colorado or charitable, religious, civic, community, governmental and educational organizations serving or operating in furtherance of the needs of vulnerable populations in Colorado to access high-quality, free legal services.

1.4 Pro Bono Legal Services. "Pro bono legal services" include:

(a) legal services provided without fee or expectation of fee to persons of limited means in Colorado or charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means in Colorado;

(b) additional legal or public services provided through participation in activities for improving the law, the legal system or the legal profession in Colorado; and

(c) any activities and services otherwise described in Rule 6.1 of the Colorado Rules of Professional Conduct.

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

1.6. 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 find, review, select, and complete pro bono opportunities provided by LSPs.

2.1. Primary Purpose. 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 in Colorado by creating a space for LSPs to publish and Volunteers to find opportunities for pro bono legal services.

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

2.3. Community Grown. The Portal was built by the Colorado Access to Justice Commission 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 Colorado, 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 the Portal by emailing blandis@coloradoaccesstojustice.org.

2.4. Links to Other Sites and Resources. The Portal may contain links to other websites or resources. Users acknowledge and agree 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, Users acknowledge that the linked sites may use cookies, collect data, or solicit personal information. It is the User’s independent responsibility (and not the Portal’s responsibility) to review the terms and privacy policies of these linked sites and assess any risks before interacting with them.

2.5. No Guarantee of Results. Users acknowledge and agree that the Portal cannot guarantee Volunteer placement or other results. Users acknowledge and agree that the Portal is not the only platform to find opportunities for pro bono legal services and, specifically, that no such opportunity found on the Portal is guaranteed to be available or assigned at the time it is published or viewed by a User. The Portal has the sole discretion and an independent right to remove individual opportunities for pro bono legal services at any time.

2.6 Privacy Policy. The Portal is committed to protecting Users’ privacy and complying with the Colorado Privacy Act and other applicable U.S. privacy laws. Users agree to the Portal’s Privacy Policy, which governs how their data and personal information may be collected, utilized, and shared when they access the Portal. By accessing the Portal, Users acknowledge and consent to the Portal’s data practices, including the use of cookies, analytics tools, artificial intelligence tools, and third-party services. The Portal’s Privacy Policy is available on the Portal and may be updated periodically. Users are encouraged to review it regularly to stay informed about how their data and personal information is handled.

LSP acknowledges and agrees that the Portal has the sole discretion to approve or deny requests for accounts on the Portal. The Portal has the sole discretion and an independent right to remove individual opportunities for pro bono legal services and to immediately suspend, reduce, or terminate an individual User’s access to and use of the Portal at any time.

LSP acknowledges and agrees that the Portal cannot guarantee Volunteer placement or other results and the Portal is not responsible for ensuring Volunteer placements. LSP acknowledges and agrees that the Portal may not be an appropriate platform to find Volunteer assistance in all cases, in particular where a quick turnaround and/or addressing an emergency is required. LSP further acknowledges and agrees that it may only post opportunities for pro bono legal services on the Portal, and that it may not use the Portal to post employment opportunities with the LSP, or any other opportunities for non-pro bono legal services. LSP may use the Portal to post student internship and externship opportunities and post-graduate fellowship opportunities so long as those opportunities are unpaid.

LSP acknowledges and agrees that it, and not the Portal, has sole and independent responsibility for the following:

3.1. Provide Accurate, Complete, and Current Information 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. Ensure Volunteers Meet All Legal Requirements including requirements necessary to Volunteer with LSP, such as, active licensure to practice law in Colorado, professional responsibility compliance, and any other requirements set forth under applicable law and regulation.

3.3. Monitor Volunteers including the conduct and performance of Volunteers, managing legal assistance, and ensuring quality and appropriate service to Clients. The Portal has exclusive authority to take corrective action in response to reports of substandard performance, including, immediately suspending, reducing, or terminating any User's right to access and use the Portal.

3.4. Manage Legal Assistance, Cases, and Opportunities by ensuring quality and appropriate pro bono legal services to Clients obtained through the Portal.

3.5. Ensure Compliance with all Laws, such as maintaining confidentiality of Clients’ information and ensuring compliance with all applicable laws and regulations.

3.6. Keep Clients Informed of the status of opportunities for pro bono legal services provided on the Portal.

3.7. Provide Competent Assistance and Training as to any opportunity for pro bono legal services they post on the Portal.

3.8. Commit to Professionalism and uphold the highest standards of 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 an LSP’s immediate suspension, reduction, and/or termination of access to and use of the Portal.

3.9. Conduct Required Conflict Checks for representation, including for any Volunteers obtained through the Portal.

3.10. Confirm Appropriate Malpractice Insurance prior to providing pro bono services through the Portal and 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 including, without limitation, expression of interest from Volunteers, updates on 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 or other third parties. LSP can customize its automated notification settings in its profile.

The Portal has no responsibility for the following items. Volunteer acknowledges and agrees that it has independent responsibility for the following:

4.1. Provide Accurate, Complete, and Current Information 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, or contact information.

4.2. Ensure Compliance with All Requirements including all legal, professional, and other requirements necessary for a selected opportunity for pro bono legal services. If Volunteer has any questions about Volunteer requirements for a particular opportunity, Volunteer should contact the LSP that posted the opportunity.

4.3. Commitment to Providing Pro Bono Services, Free of Charge: Volunteer shall not charge any fees for pro bono legal services described in opportunities offered through the Portal. The Portal is intended to facilitate the delivery of free, high-quality legal services. Additionally, Volunteer shall not use the Portal as a referral source to initially offer free legal services in response to a specific opportunity for pro bono legal services (as defined in Section 1.4) with the intent to later offer, or attempt to offer, fee-based services to the same Client.

4.4. Ensure Competency and Training including experience and expertise to provide legal services for any selected opportunity for pro bono legal services. 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 Volunteer, it remains the responsibility of the Volunteer (and not the Portal) to ensure Volunteer is adequately prepared to complete any selected opportunity for pro bono legal services.

4.5. Ensure 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. Communicate Availability to ensure prompt services, reasonable updates, and address Client inquiries for any selected opportunities for pro bono legal services. While Volunteer’s work is often flexible, Volunteer is required to provide clear communication regarding Volunteer’s availability (including changes to their availability) and appropriate, complete updates of their work to LSPs and Clients.

4.7. Communicate Promptly and Professionally including without limitation, in all communications with people seeking legal assistance through the Portal and all communications with any LSP regarding an opportunity for pro bono legal services.

4.8. Maintain Reasonable Recordkeeping Practices and Respond to Requests regarding the pro bono legal services provided, including case details and time spent on an opportunity. Volunteer shall 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 Volunteer.

4.9. Commit to Professionalism and upholding the highest standards of 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 a Volunteer’s immediate suspension, reduction, and/or termination of access to and use of the Portal.

4.10. Responsibility to Confirm Malpractice Coverage prior to providing pro bono legal services through the Portal and that Volunteer has all required malpractice and/or other necessary insurance coverage, either independently or through an LSP.

4.11. Consent to Receive Automated Notifications. By registering on the Portal, Volunteer acknowledges and agrees to receive automated notifications, including, without limitation, updates on case and opportunity 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.

4.12. 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 Client obtained through the Portal.

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, at the Portal’s independent discretion, to reduce, suspend, or terminate 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; (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 or otherwise.

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 6 shall survive the termination or expiration of this Agreement.

6.4. Intellectual Property Rights. User retains ownership of any content, materials, or information they submit to the Portal, including but not limited to opportunity descriptions, training materials, logos, and communications. By submitting such content, User grants the Portal a non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display the content for purposes related to the operation, promotion, and improvement of the Portal, in accordance with the User’s profile settings and preferences. This license does not transfer ownership. While User may remove content from public view on the Portal, the Portal may retain archived or system-generated records of such content for compliance, audit, or operational purposes, subject to applicable laws and regulations.

6.5 Force Majeure. The Portal shall not be held liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to unforeseeable events, natural disasters, war, terrorism, labor disputes, pandemics, cyberattacks, power outages, or governmental actions. In such cases, the Portal will make reasonable efforts to resume operations and minimize disruption to Users.

7.1. Data and Reporting. The Portal may 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 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 pro bono 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 pro bono legal 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 Users and Clients.

8.3 The Portal is committed to ensuring that all Users, including individuals with disabilities, have equitable access to its services and resources. The Portal strives to meet recognized accessibility standards and welcomes feedback to improve usability and inclusivity. Any User who encounters accessibility barriers is encouraged to contact the Portal for support or to provide feedback by emailing blandis@coloradoaccesstojustice.org.

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 9, 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 mediator at JAMS Denver. Each party will bear its own attorneys’ fees, costs, and expenses incurred in such mediation. The parties will also bear the cost of mediation (including mediation fees) pursuant to an agreed-upon allocation. Absent an agreement about allocation, the Portal shall bear no more than half the cost of mediation.

9.3. If mediation does not result in a satisfactory resolution within a reasonable timeframe, the User and the Portal agree to submit such dispute or disagreement to binding arbitration in Denver, Colorado, to be conducted by a single arbitrator at JAMS Denver or, if JAMS Denver is unable to conduct the proceeding, by the Judicial Arbiter Group. 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. Any decision in such arbitration proceeding will be final and binding on the User and the Portal, except as otherwise provided by law. Each party will bear its own attorneys’ fees, costs, and expenses incurred in such arbitration. The parties will also bear the cost of arbitration (including arbitrator fees) pursuant to an agreed-upon allocation. Absent an agreement about allocation, the Portal shall bear no more than half the cost of arbitration.

9.4. User acknowledges and agrees that, under Colorado law, punitive damages are not recoverable by any party subject to arbitration, nor are jury trials available in arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.

9.5. No demand for arbitration may be sustained after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statutes of limitation or statute of repose if this matter was filed in court. The arbitrator is authorized to dismiss the arbitration at any stage based on a determination that the claim is time barred or for any other legally or factually supported reason.

9.6. THE DECISION WHETHER TO ENTER INTO THIS AGREEMENT FOR ARBITRATION IS SOLELY A MATTER FOR YOUR DETERMINATION. WE URGE YOU TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL OF YOUR CHOOSING BEFORE YOU AGREE TO THIS PROVISION.

10.1. This Agreement shall be governed by and construed in accordance with the laws of Colorado.

11.1. Complete Agreement. By proceeding with the application process, User acknowledges and agrees to be bound by the terms and conditions reflected in this Agreement, effective as of the date of confirmed registration.

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 published on the Portal or other means determined by the Portal. Users will be notified of material changes via reasonable methods, which may include email, updates posted directly on the Portal website, and in-app notifications. Continued use of the Portal following such notification constitutes acceptance of the revised Agreement. Users are encouraged to review the Agreement periodically to stay informed of any updates.