Terms of Use

Oasis Legal Services (“Oasis,” “we” or “us”) provides a database through which accredited legal representatives and asylum seekers (“End Users”) can request assistance with and materials for asylum and other humanitarian matters. End Users are collectively and individually referred to herein as “Users,” a “User” or “you.” The following terms, including the Privacy Policy referenced below (collectively, the “Terms of Use” or “Terms”) govern all use of the Services (as defined below) by Users.

ACCEPTANCE OF TERMS

The Oasis Internet site available at https://www.oasislegalservices.org/ and all related sites provided by Oasis, and the content, features and services provided through such sites and applications (collectively, such services the “Services”) can only be accessed and used subject to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE OASIS PRIVACY POLICY.  IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SERVICES.

MODIFICATIONS OF TERMS OF USE

We may periodically modify the Terms of Use.  If we make material changes to the Terms of Use we will notify you via the Services (e.g., by posting a notice on our website indicating that the Terms of Use have been changed. BY CONTINUING TO USE THE SERVICES YOU ARE CONSENTING TO THE REVISED TERMS OF USE.  If you do not agree with any modifications to the Terms of Use you must cease using the Services.

DISCLOSURE OF USER INFORMATION

We require that you provide certain information in order to use or access certain parts and features of the Services. As a condition of your use of the Services, you agree to (a) provide Oasis with true, accurate, current and complete information as prompted by Oasis’ website when using the Services,, and (b) certify that you do not work for the United States or any foreign government (with the exception of working for the United States as a federal public defender), and will not use the tools and/or information available on the Services for purposes other than to protect and promote the rights of immigrants in the United States. You are responsible for maintaining the confidentiality of any personal identifying information (“PII”) or other account information not generally available to others. Failing to provide complete or current information may result in account termination.  By using the Services you represent and warrant that you are 18 years of age or older and are legally competent to enter into and agree to these Terms of Use.  

PRIVACY POLICY

Oasis’ Privacy Policy explains how we collect, use and disclose your personal data in connection with the Services. By using the Services, you agree that Oasis can use such data in accordance with Oasis’ Privacy Policy.

USE OF THE SERVICES

Subject to compliance with these Terms of Use, Oasis grants Users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Services in accordance with the Terms.  

PROHIBITED CONDUCT

As a condition of your access and use of the Services and your submission or access to any ratings, reviews, information, data, text, court or other case documents, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful, prohibited by these Terms of Use, or not intended by Oasis.  In particular, you agree not to:

(a) violate these Terms of Use or any other applicable agreement between you and Oasis or you and any third party, including agreements between End Users and Experts;

(b) use the Services in any manner that violates any law;

(c) Use the Services in any manner that infringes, misappropriates or violates any third party’s rights, including transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, or intellectual property rights;

(d) use the Services or any Content for any purposes not authorized by this Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of unsolicited solicitation;

(e) reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Services other than to provide or to obtain services as an End User;

(f) harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Oasis, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

(g) provide or submit false or misleading information;

(h) take any action that would interfere with or undermine the review and rating process under the Services;

(i) use the Services in any way that could interfere with the rights of Oasis or the rights of other users of the Services;

(j) attempt to gain unauthorized access to any portion or feature of the Services, other User accounts, or any other systems or networks connected to the Services or to any server used by Oasis by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Services user;

(k) sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

(l) transmit or submit any transmission or other materials that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Services;

(m) access, download, monitor, or copy any information contained on our Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’; or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Services; or

(n) probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on or of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Services, or any other customer of Oasis, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including personal identification or information other than your own information, except as expressly authorized by Oasis and provided for by the Terms of Use.

SUBMITTED CONTENT

As a condition of submitting any Content or other materials via the Services, you agree that:

(a) Oasis may elect which Content (if any) will be posted on the Services, provided that Users may

make an election on the Service not to allow their Content to be posted without their permission;

(b) you grant to Oasis a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable,

and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly

display, create derivative works from, incorporate such Content into other works; grant to Oasis all

rights necessary to publish or refrain from publishing your name and address in connection with

your Content; sublicense through multiple tiers the Content, and acknowledge that this license

cannot be terminated by you once your Content is submitted to the Services;

(c) you represent that you own or have secured all legal rights necessary for the Content submitted

by you to be used by you, Oasis, and others as described and otherwise contemplated in these

Terms of Use;

(d) you represent and warrant that each person identified, depicted, or shown in your Content, if

any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the

Content consistent with these Terms of Use.

SUSPENSION AND TERMINATION

Oasis may terminate or suspend your access to or use of the Services for any reason, including

suspected violations of the Terms of Use.  Upon such suspension or termination you must cease

accessing or using the Services, including any related data and information. Furthermore, you

acknowledge that Oasis reserves the right to take action—technical, legal or otherwise—to block, nullify

or deny your ability to access the Services.  You understand that Oasis may exercise this right in its sole

discretion, and this right shall be in addition to and not in substitution for any other rights and remedies

available to Oasis.

All provisions of these Terms of Use which by their nature should survive termination shall survive the

termination of your access to the Services, including provision regarding ownership, warranty disclaimers,

indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

Oasis, and other Services graphics, logos, designs, page headers, button icons, scripts, and service

names are the trademarks or trade dress of Oasis or its licensor’s in the U.S. and/or other countries. 

These trademarks and trade dress may not be used, including as part of trademarks and/or as part of

domain names, keyword advertisements, or email addresses, or in connection with any product or service

in any manner that is likely to cause confusion.

Content and other material made available on the Services is protected by copyright and other intellectual

property laws. Aside from user-submitted Content, all other materials and other information on the

Services, including all text, graphics, logos, icons, images, audio and video clips, downloads, data

compilations and software are the exclusive property of Oasis and/or its licensors and are protected by all

United States and international copyright laws.

COPYRIGHT INFRINGEMENT CLAIMS

It is Oasis’ policy to respond expeditiously to legitimate claims of copyright and other intellectual property

infringement.  We will use reasonable efforts to promptly process and investigate notices of alleged

infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and

other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying

with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be

infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable

access to any reference or link to material or activity that is claimed to be infringing.  We may terminate

access for users of the Site and Service who are infringers.

Notifying Oasis of Copyright Infringement: To provide us with notice of an infringement, you must provide

a written communication to the attention of “DMCA Notification” by either sending: (i) an email

to info@oasislegalservices.org; or (ii) a letter, first class certified mail, to Oasis Legal Services, 1900

Addison St., Suite 100, Berkeley, CA 94704, Attention: Executive Director, that sets forth the information

specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be

liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is

infringing your copyright.  We will need the following information from you:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the

copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been

infringed;

(c) a detailed description of where the material that you claim is infringing is located or found on

the Services;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by

the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is

accurate and that you are the copyright or intellectual property owner or authorized to act on the

copyright or intellectual property owner’s behalf.

Providing Oasis with Counter-Notification: If we remove or disable access to Content in response to an

infringement notice, we may make reasonable attempts to contact the owner or administrator of the

affected content.  If your material has been removed and you feel that your material does not constitute

infringement, you may provide us with a counter notification by written communication to the attention of

“DMCA Notification” by either sending: (i) an email to info@oasislegalservices.org; or (ii) a letter, first

class certified mail, to Oasis Legal Services, 1900 Addison St., Suite 100, Berkeley, CA 94704, Attention:

Executive Director, that sets forth all of the necessary information required by the DMCA

(http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages

(including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the

copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended

seeking advice of an attorney.

DISCLAIMER

Oasis makes no representations or warranties concerning any Content, the Services or any services

procured from third parties. ANY USE OF THE CONTENT OR SERVICES, INCLUDING ANY RELIANCE

UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK.  THE

CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY

OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

LIMITATION OF LIABILITY

IN NO EVENT SHALL OASIS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS

(COLLECTIVELY, “OASIS PARTIES”) HAVE ANY LIABILITY IN CONNECTION WITH THE CONTENT

OR SERVICES or any services procured from third parties FOR ANY SPECIAL, PUNITIVE, INDIRECT,

CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR

DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH OASIS PARTY

IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some

jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above

limitation or exclusion may not apply to you.

THE OASIS PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING

THROUGH YOU IN CONNECTION WITH THE USE OF THE CONTENT OR SERVICES IS LIMITED TO

THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO

THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $50.

INDEMNITY

You agree to indemnify and hold harmless Oasis, its officers, managers, owners, employees, agents,

designees, users, successors, assigns, service providers and suppliers from and against all losses,

liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and

court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or

untruthful Content or other information provided by you to Oasis; (c) any intentional or willful violation of

any rights of another or harm you may have caused to another, or (d) your use or provision of any

services in connection with the Services. Oasis may elect to control the defense of any such damage or

claim.

NOTICE

By use of the Services, you consent to receive electronic communications from Oasis (via email or via a

posting on the Services), and you agree that any such communications satisfy any legal requirement to

make such communications in writing. You also agree that Oasis may communicate any notices to you

under these Terms of Use through electronic mail, regular mail or posting the notices on the Services. All

notices to OASIS LEGAL SERVICES must be provided by either sending: : (i) an email

to info@oasislegalservices.org; or (ii) a letter, first class certified mail, to Oasis Legal Services, 1900

Addison St., Suite 100, Berkeley, CA 94704, Attention: Executive Director. Such notices will be deemed

delivered upon receipt.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms

including the Privacy Policy, constitutes the entire agreement between you and Oasis. It supersedes any

prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you

and Oasis regarding the subject matter contained in these Terms of Use. Additional terms and conditions

may exist between you and third parties, including Service Providers and others. You represent and

warrant that those third party agreements do not interfere with your obligations and duties to Oasis under

these Terms of Use.

GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS

These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms

shall be governed by the laws of the State of California regardless of your country of origin or where you

access the Services. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE

SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for

Oasis’ right to seek injunctive relief as set forth below.

If you do not want to arbitrate disputes with Oasis and you are an individual, you may opt out of this

arbitration agreement by sending an email to  info@oasislegalservices.org within 30 days of the day you

first access or use the Services.

If you intend to seek arbitration you must first send written notice to Oasis of your intent to arbitrate

(“Notice”). The Notice to OASIS LEGAL SERVICES should be sent by any of the following means: (i)

electronic mail to info@oasislegalservices.org; or (ii) sending the Notice by U.S. Postal Service certified

mail to Oasis Legal Services, 1900 Addison St., Suite 100, Berkeley, CA 94704, Attention: Executive

Director. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the

specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek

arbitration against you, we will send any notice of dispute to you at the contact information we have for

you.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and

binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”)

under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary

Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules

are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide,

including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If

you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer

Arbitration Rules.  We will reimburse all other AAA filing, administration and arbitrator fees paid by you,

unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in

which case the payment of all such fees shall be governed by the AAA rules.  The arbitration will be

conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in

any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be

$10,000 or less, either you or OASIS LEGAL SERVICES may elect to have the dispute resolved through

non-appearance-based arbitration.  

To the fullest extent permitted by applicable law, YOU AND OASIS EACH AGREE THAT ANY DISPUTE

RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN

A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in

court rather than in arbitration, YOU AND OASIS EACH WAIVE ANY RIGHT TO A JURY TRIAL.  If a

court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and

Oasis agree that all claims arising out of or related to these Terms must be resolved exclusively by a state

or federal court located in San Francisco, California, and you and Oasis each agree to submit to the

exercise of personal jurisdiction of such courts for the purpose of litigating all such claims.

Notwithstanding the above, you agree that Oasis shall still be allowed to apply for and obtain injunctive

remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that regardless of any

statute or law to the contrary, any claim or cause of action arising out or related to your use of the

Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose

or will forever be barred.

MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Oasis, Oasis may pursue any legal

or equitable remedy available, including but not limited to, direct, consequential, and punitive damages

and injunctive relief. Oasis’ remedies are cumulative and not exclusive. Failure of Oasis to exercise any

remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any

remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of

the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to

the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and

enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with Oasis’

prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations

without consent. Users of this Services are responsible for compliance with all applicable regulations and

laws. No joint venture, partnership, employment or agency relationship exists between you and Oasis as

a result of these Terms of Use or use of the Services.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these

Terms of Use, please contact us at info@oasislegalservices.org. We will address any issue to the best of

our abilities.

These Terms of Use were last modified on 3/8/2019