Terms of Use
PLEASE NOTE - By using this website, you are agreeing to the following Terms of Use. If you are unwilling to accept and adhere to these Terms of Use, you should not use this online facility.
Summary of Terms of Use
A. You agree to provide true and correct information about yourself in all communications, any form that you complete and/or in any discussion forum in which you participate on this website.
B. You agree not to use the services at this website or information gained from this website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
C. You agree not to use services offered or information gained from this website for commercial purposes or for the transmission of junk mail, spam, chain letters or unsolicited mass distribution of e-mail.
D. You agree that the owners and managers of this website (hereafter collectively "Owner"), may, in its sole discretion, remove posts by you to discussion forums on this website or terminate your ability to access and use the website if Owner believes that you have violated these Terms of Use or any other agreement that you may have with Owner in any way.
1. Acceptance Of Terms Of Use
1.1 These Terms of Use comprise your agreement with Owner relating to the use of this website. As a registered in-house counsel user of this site, you also agree to the terms and conditions of the InfoNet Users Agreement.
1.2 In using this website, you represent, warrant and agree that (a) the information you have provided to Owner or enter into any form or profile on this website is accurate, complete and current, and (b) you will notify Owner of any change in your contact and/or profile information. In registering to use the site, you must use your real name at all times. If you fail to do so, Owner reserves the right to terminate your ability to access and use this website.
1.3 Owner reserves the right to disclose information about site usage and demographics in forms that do not reveal personal identities, as further specified in the InfoNet Privacy Policy.
1.4 By using this website, you agree to comply at all times and to be bound by these Terms of Use. If these terms and conditions or any future changes are unacceptable to you, you may discontinue use and request termination of your status as a registered user by simply emailing Site Administration and typing "Terminate My Registration" in the subject line.
2. Fees And Payments
2.1 Fees relating to participation in this site as Service Providers or InfoNet Sponsors are governed by the InfoNet Service Provider and InfoNet Sponsor Agreements.
There is no charge or fee for in-house counsel to access or use this website, referred to herein and elsewhere as the “InfoNet.” Owner may, however, from time to time, charge registration fees for Registered Users to participate in special online educational programs, seminars or workshops.
3. Terms Of Use
3.1 This website facilitates a service through which in-house counsel, as Registered Users, can submit questions to and receive responses from panels of seasoned attorneys with expertise in diverse legal subject areas. Registered Users are also given access to materials expert panelists may upload to online "reading rooms" throughout this site.
3.2 Owner assumes no responsibility for the accuracy, timeliness, completeness or usefulness of information in any material available on or accessed through this website; and Owner does not endorse any opinions or recommendations posted by expert panelists or any in-house counsel Registered User. You are advised that you should exercise discretion before relying on information from such sources, because that information may be incorrect and/or misleading. You are further advised that this website may include technical inaccuracies and/or typographical errors. Also, you understand that changes, including corrections, may be made periodically to the information or materials provided at or through this website.
3.3 Although all users of this website are expected to adhere to these Terms of Use, including the InfoNet Users Agreement and Discussion Rules posted on the website and incorporated herein by this reference, Owner does not screen, review or edit messages posted by users of this website, nor is Owner obligated to do so. Owner has no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Nonetheless, Owner reserves the right to monitor or remove any information transmitted or received through this website, or to terminate your use of this site, at any time, without notice, in Owner’s sole discretion if Owner believes you have violated any of these Terms of Use or any other terms and conditions established for the use of this website or any portion thereof. Also, as a user of this website, you have the responsibility of bringing any such violations by any party to Owner's attention, although Owner does not guarantee that any action based on such information will be taken.
3.4 The following actions, among others, may result in removal of messages that you have posted to any area of the website and/or the termination of your use of this website at Owner's sole discretion:
a) Providing false information on any form, impersonating someone else, or allowing another person to use your name and password to access the password-protected areas of this site.
b) Enrolling, registering, subscribing or canceling the enrollment, registration or subscription of any party for any InfoNet product or service, or attempting such action, if you are not expressly authorized by such party to do so.
c) Deleting or revising any material or information posted by another party if you are not expressly authorized by such party to do so.
d) Posting or transmitting third-party copyrighted, trademarked or patented information without permission of the owner thereof or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
e) Deleting any author attributions, legal notices or proprietary designations or labels that you post or upload through any feature of the website;
f) Posting or transmitting any material known to contain a virus or corrupted data.
g) Interfering with or disrupting the website, servers or networks connected to the website; or taking any action that imposes an unreasonable or disproportionately large load on the website's infrastructure.
h) Using the website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise off-topic, inappropriate or objectionable.
i) Using any area or facility of the website for the transmission of junk mail, spam, chain letters or unsolicited mass distribution of e-mail, or in a manner that adversely affects the availability of its resources to other users.
j) Manipulating or otherwise displaying the website by using framing or similar navigational technology.
k) Violating any applicable local, state, national or international law.
l) Violating the letter or spirit of these Terms of Use.
3.5 You agree that you are responsible for all statements made and acts or omissions that occur in connection with your use of the website and related facilities.
3.6 You also agree that you are solely responsible for maintaining the confidentiality and security of your personal password, and that you will not share your password, exchange passwords or use anyone else's password in using this site. You further agree that you will be responsible for all access to and use of the information, materials and products available through this website by any individual or organization using your password, whether or not you have knowledge of or authorize such access and use.
3.7 Owner reserves the right to access and disclose any information, including user names and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or other uses of this website.
4. Proprietary Rights To Content, User Submissions and Trademarks
4.1 © Copyright In-house Counsel InfoNet, LLC - 2010. This website and the information accessible or available through it are subject to the domestic and international copyright and trademark laws and intellectual property rights of Owner and other parties providing content for this website.
Any content that is accessible or that you receive through this website may be used for your personal, non-commercial use only. You agree not to reproduce, retransmit, repost, recompile, reverse engineer, disassemble, reformat, distribute, sell, rent, lease, loan, sublicense, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of said content, including text, graphics, code or software, through any media or in any format or version, or infringe upon trademarks or service marks displayed or received through this website, including, but not limited to, the distribution of the content to others in your company, firm or organization, without express prior written consent of Owner and/or the owner of the specific information at issue. All rights to such information and materials not expressly waived herein are reserved. Parties that provide content for publication on or sale through this website are third-party beneficiaries to this provision.
4.2 Other than corporate and personally identifiable confidential information, which is covered under this site's Privacy Policy, any material, information or other communication that you transmit or post to this website will be considered non-confidential and non-proprietary. Owner will have no obligations with respect to such material, information or communications; and Owner and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the material, information or communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
4.3 The "In-house Counsel InfoNetSM" names, logos and any other marks that are indicated as being trademarks or service marks are the exclusive property of Owner, and any use of these names, logos or marks without the express prior written permission of Owner is strictly prohibited. All other product names, logos or marks mentioned or displayed at this Website are the property of their respective owners.
5. Software Licenses
5.1 You have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, that supports this website or that may be provided to you to access and use this website or any of its facilities or to participate in any online discussion, seminar, event or workshop. You may not sublicense, assign or transfer any licenses granted to you by Owner, and any attempt at such sublicense, assignment or transfer is void. You may not copy, distribute, modify, reverse engineer, or create derivative works from any such software.
6. Providing Links To This Site
6.1 The discussion boards for submitting questions to expert panelists and related reading rooms on this website are intended for use only by in-house counsel who register to use the InfoNet service; representatives of law firms and others invited to participate in the InfoNet as Service Providers and InfoNet Sponsors; and select other parties authorized by Owner to access certain areas of the website.
With these limitations, you are welcome to provide links to this website from locations outside the website provided that: (i) you link only to the home page "www.InhouseInfoNet.com;" (ii) you do not remove or obscure, by framing or otherwise, the Terms of Use, Privacy Policy, advertisements, copyright notices, or other notices on the site; (iii) you give Owner notice of such link by sending an e-mail message to Site Administration and (iv) you immediately discontinue providing links to this website if requested to do so by Owner.
7. Disclaimer Of Warranties And Liability
7.1 THIS WEBSITE AND ITS RESOURCES ARE PROVIDED BY OWNER "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. OWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR CURRENT STATUS OR VALUE OF THE CONTENT OR SERVICES AVAILABLE AT OR THROUGH THIS WEBSITE;
B) ANY WARRANTIES THAT THE CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN SOFTWARE SUPPORTING THIS WEBSITE WILL BE CORRECTED; AND
C) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
7.2 YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION, ADVICE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF SUCH INFORMATION AND/OR THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
7.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THIS WEBSITE OR THE SERVICES PROVIDED SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.4. ALTHOUGH OWNER STRIVES TO PROVIDE A CREDIBLE, OPEN FORUM FOR BUSINESS TRANSACTIONS AND INFORMATION DISSEMINATION, OWNER DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY MATERIAL THAT IS FOUND ON, IN CONNECTION WITH, OR POSTED TO THIS WEBSITE. OWNER HAS NO OBLIGATION TO REVIEW, SCREEN, EDIT, MONITOR, OR CENSOR ANY INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE; AND OWNER HAS NO LIABILITY WITH RESPECT TO SUCH INFORMATION. FURTHER, OWNER, ALTHOUGH IT MAY CHOOSE TO DO SO, IS UNDER NO OBLIGATION TO RECORD OR RETAIN ANY OF THE INFORMATION ON OR ASSOCIATED WITH THE WEBSITE, REGARDLESS OF ANY REQUESTS TO DO SO MADE BY ANY USER. ALSO, OWNER HAS NO RESPONSIBILITY, OBLIGATION, OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY MATERIAL PRESENTED OR POSTED ON THE WEBSITE.
7.5 THIS WEBSITE INCLUDES LINKS TO OTHER RESOURCES AND INTERNET WEBSITES, SOLELY AS A CONVENIENCE TO YOU. IF YOU USE THESE LINKS, YOU WILL LEAVE THIS SITE. OWNER HAS NOT REVIEWED ALL OF THESE THIRD PARTY RESOURCES AND DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY OF THESE SITES OR THEIR CONTENT. ACCORDINGLY, OWNER IS NOT RESPONSIBLE FOR THE AVAILABILITY OF THESE OUTSIDE RESOURCES, OR THEIR CONTENTS, NOR DOES OWNER ENDORSE NOR IS IT RESPONSIBLE FOR ANY OF THE CONTENTS, ADVERTISING, PRODUCTS OR MATERIALS ON SUCH OTHER SITES. IF YOU CHOOSE TO USE SUCH SITES, YOU DO SO AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL OWNER BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY SUCH SITES. ANY CONCERNS REGARDING SUCH EXTERNAL LINKS SHOULD BE DIRECTED TO THEIR RESPECTIVE WEBSITE ADMINISTRATORS OR WEBMASTERS.
7.6 OWNER, ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND EMPLOYEES, AND OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THIS WEBSITE OR THE SERVICES PROVIDED HEREIN (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), WHETHER CAUSED IN WHOLE OR IN PART BY OWNER'S NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL. IN NO EVENT WILL OWNER, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. ALSO, OWNER, ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEBSITE OR THE SERVICES PROVIDED HEREIN. MOREOVER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OWNER SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYER OR YOUR BUSINESS FOR ANY DEFAMATORY, OFFENSIVE, NEGLIGENT, FRAUDULENT, OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE.
7.7 YOU FURTHER AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF OWNER, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE OPERATION OF THIS WEBSITE, THE SERVICES PROVIDED HEREIN OR THE CONTENT AVAILABLE AT OR THROUGH THIS WEBSITE SHALL NOT EXCEED SUM OF ONE HUNDRED DOLLARS ($100.00).
7.8 OWNER ACKNOWLEDGES THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.
8. No Attorney-Client Relationship
8.1 NEITHER OWNER NOR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES IS ENGAGED IN THE PRACTICE OF LAW OR IN PROVIDING LEGAL SERVICES TO YOU OR TO ANY OTHER PERSON IN PROVIDING THIS WEBSITE AND RELATED FACILITIES AND SERVICES. THE INFORMATION, MATERIALS AND RESOURCES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE. ACCESS TO, TRANSMISSION OR RECEIPT OF, OR RELIANCE UPON INFORMATION, MATERIALS OR RESOURCES FROM THIS WEBSITE DOES NOT CREATE, AND IS NOT INTENDED TO CREATE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU OR OWNER, OR BETWEEN YOU OR ANY OTHER PERSON AND ANY PROVIDER OF CONTENT TO THIS SITE.
FURTHERMORE, YOU AGREE THAT YOU WILL NOT REPRESENT THAT YOU ARE IN AN ATTORNEY-CLIENT RELATIONSHIP WITH, ARE BEING ADVISED OR SUPPORTED BY, OR ARE AFFILIATED WITH, OWNER OR ANY CONTENT PROVIDER BY VIRTUE OF YOUR ACCESS TO OR USE OF THE WEBSITE AND THE REFERENCED INFORMATION, MATERIALS AND RESOURCES. YOU SHOULD NOT COMMUNICATE ANY INFORMATION TO OWNER THROUGH THIS WEBSITE WITH THE INTENTION OF RECEIVING ANY FORM OF LEGAL ADVICE WHATSOEVER, AND YOU UNDERSTAND THAT DOING SO WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
8.2 ACTUAL USE OF THE INFORMATION, MATERIALS OR RESOURCES AVAILABLE THROUGH THIS WEBSITE MAY REQUIRE THE APPLICATION OF PROFESSIONAL EXPERTISE AND LEGAL JUDGMENT. SUCH INFORMATION, MATERIALS OR RESOURCES ARE NO SUBSTITUTE FOR LEGAL ADVICE OR RESEARCH BY COMPETENT COUNSEL. IF YOU BELIEVE THAT YOU MAY HAVE A LEGAL ISSUE, YOU SHOULD CONSULT A COMPETENT ATTORNEY LICENSED TO PRACTICE IN THE APPROPRIATE JURISDICTION.
9. Indemnification
9.1 You agree to indemnify and hold In-house Counsel InfoNet, LLC, its officers, directors, members, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of this website or the services provided herein; your violation of these Terms of Use; or the infringement by you, or other person using the website under your user identity, of any intellectual property or other right of any person or entity. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. Termination
10.1 You agree that Owner may, in its sole discretion, terminate or suspend your access to all or part of this website for any reason, including, without limitation, your breach of these Terms of Use or any subsequent modifications thereof. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of this website and participation in InfoNet activities and referral of the matter to appropriate law enforcement authorities for investigation. Owner shall not be liable to you or any third party for any claim or cause of action related to the termination of your participation in InfoNet activities or your use of this website.
10.2 Should you object to any terms and conditions of these Terms of Use, or any subsequent changes thereto, or become dissatisfied with the services offered by Owner through this website in any way, your only recourse is to immediately:
a) Discontinue your use of this website; and
b) Terminate your status an InfoNet Registered User by sending an email to Site Administration and typing the words "Terminate My Registration" in the subject line.
10.3 You also agree that your continuing use of the services available through this website subsequent to your becoming dissatisfied with this website for any reason constitutes your acceptance of these Terms of Use applicable at such time.
11. Applicable Law and Venue
11.1 Owner administers this website from its offices within the State of Arizona, USA. This website can be accessed from all 50 states, as well as from other countries around the world. Because the laws and regulations of such jurisdictions may differ from those of Arizona, by accessing this website you agree that the statutes and laws of the State of Arizona, without regard to conflicts of laws principles thereof or of any jurisdiction, will apply to all matters and any cause or action arising out of or relating to the agreement established by these Terms of Use and/or your use of this website and its resources. In the case of a dispute between you and Owner, or any provider of content to this site, you agree to submit to, and in any action against Owner to cause Owner solely to submit to, the exclusive personal jurisdiction and venue of the state and federal courts located in Arizona, USA, where Owner resides.
11.2 By using this website and accepting these Terms of Use, you also agree that any cause of action arising out of or related to your use of this website and resources pursuant to these Terms of Use must be commenced within one (1) year after the cause of action arose; and that your failure to commence an action within this time shall permanently bar any cause of action or claim.
11.3 Owner makes no representation that materials or services at this website are appropriate or available for use outside the United States. If you choose to access this website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
12. Violations, Notices, Enforcement And Severability
12.1 Please report any violations of these Terms of Use to Owner by email to Site Administration.
12.2 Notices to users of this website may be made either via email or regular mail. Owner may also provide notice of changes to these Terms of Use or other matters by displaying notices or links to notices thereof on this website.
12.3 The failure of Owner to enforce any provision of these Terms of Use shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
12.4 If any provision of these Terms of Use is adjudged to be invalid, void, or unenforceable, Owner and you agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the intention of the original provision, and that these Terms of Use will in any event remain valid and enforceable.
13. Revisions
13.1 Owner reserves the right, at its sole discretion, to modify, enhance, add, or delete any portion of this website, including information, materials and products, at any time.
13.2 Owner reserves the right, at its sole discretion, to amend these Terms of Use at any time. Any amended Terms of Use will be made available online and will be effective immediately upon being posted. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you and the company by which you are employed if you choose to use this website. Your continued use of this website following the posting of any changes to the Terms of Use will signify your agreement to be bound by the terms thereof as amended.
These Terms of Use were was last updated on August 15, 2010.