1. PROHIBITED CONTENT
The Site includes areas in which Users may post content and information, including without limitation peer and client ratings and reviews, messages, questions and answers, guides, comments, data, text, photos, graphics, or other materials (the “User Content”) and may include other interactive areas or services in which Users may create, post, modify, or store information, content, materials, or other items on the Site (“Interactive Areas”). Users are solely responsible for their respective use of such Interactive Areas, and use them at their own risk. By using any Interactive Areas, Users agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
a. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional or entity with whom such User have not had direct, personal experience in a professional context or as a client of such professional or entity;
b. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national, or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity, or otherwise misrepresents a User’s affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
f. Private or confidential information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
g. Viruses, spyware, malware, corrupted data, or other harmful, disruptive or destructive files;
h. Any answer, response, comment, opinion, analysis, or recommendation that such User is not properly licensed or otherwise qualified to provide; and
i. User Content that, in the sole judgment of IP Nexus, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose IP Nexus or any User to any harm or liability of any type.
2. REMOVAL OF PROHIBITED CONTENT
Although IP Nexus has no obligation to screen, edit, or monitor any User Content posted in any Interactive Area, IP Nexus reserves the right, and has the absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason, without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates this policy and the Site Terms, and may result in, among other things, termination or suspension of a User’s rights to use the Interactive Areas and/or the Site.
IP Nexus takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded to the Site, or for any loss or damage thereto, nor is IP Nexus liable for any mistakes, defamation, slander, libel, omission, falsehood, obscenity, pornography, or profanity that may be encountered on the Site. Use of Interactive Areas and the Site is at a User’s own risk.
Enforcement of the User Content or conduct rules set forth in this policy or the Site Terms is solely at the discretion of IP Nexus, and failure to enforce such rules in some instances does not constitute a waiver of the right of IP Nexus to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party, or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, IP Nexus is not liable for any statement, representation, response, comment, post, or other User Content provided by its Users in any review, rating, forum, question, answer, guide, blog, group, job posting, or other Interactive Area.
3. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL IP NEXUS OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM IP NEXUS OR THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IP NEXUS RECORDS, PROGRAMS, OR SERVICES. THE AGGREGATE LIABILITY OF IP NEXUS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IP NEXUS FOR ACCESS TO OR USE OF THE SITE OR IP NEXUS SERVICES.
4. IP NEXUS RIGHT TO VALIDATE USER INFORMATION
IP Nexus reserves the right to validate User information at any time, including but not limited to validation against third-party databases, or verification of one or more official government or legal documents that confirm a User’s identity. Users authorize IP Nexus, directly or through third-parties, to make any inquiries necessary to validate their identity and confirm their ownership of any provided email address or financial account, subject to applicable law. A User’s failure to provide information about itself and/or its business when requested is a violation of this policy and the Site Terms.
5. IP NEXUS RIGHT TO REFUSE USE AND TERMINATE ACCOUNT
IP Nexus reserves the right to refuse the use of the Site, terminate accounts, remove or edit content, or cancel User accounts or any orders placed from a User account for any reason, at the sole discretion of IP Nexus. Upon such cancellation or action by IP Nexus, Premium Members may be eligible for a partial refund of the Membership Fee, unless such cancellation or action by IP Nexus occurred for good cause.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, IP Nexus has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of IP Nexus, the accounts of Users who are deemed to be repeat infringers. IP Nexus may also at its sole discretion limit access to the Site and/or terminate the account of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
