Terms and Conditions of Use
Last Revised July 10, 2012
These terms and conditions of use (“Terms”) govern your use of the www.it-lex.org website (“IT-Lex”). IT-Lex is a not-for-profit organization dedicated to educational, literary, and scientific advancement. IT-Lex has applied for 501(c)(3) registration, and we are glad you are considering using IT-Lex to help us on our charitable mission.
1. ITLex Incorporated owns IT-Lex.
IT-Lex and any materials made available for direct download on IT-Lex, other than User Submissions, are the property of ITLex Incorporated. IT-Lex is protected by United States and international intellectual property, copyright, and trademark laws. The contents of IT-Lex, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or direct download through IT-Lex, other than User Submissions, as defined in Section 8 below, may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by ITLex Incorporated, including the provision of services or products to ITLex Incorporated, or in connection with a business relationship with ITLex Incorporated. You may not frame or utilize framing techniques to enclose or link to, any name, trademarks, service marks, logo, or other proprietary information (such as images, text, page layout, or form) of ITLex Incorporated without ITLex Incorporated’s express written consent. References to ITLex Incorporated, “us[,]” and “we” includes not only ITLex Incorporated, but ITLex Incorporated’s respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. Please note that ITLex Incorporated is a Florida non-for-profit corporation and is a non-member corporation pursuant to Section 617.061 of the Florida Statutes, and that IT-Lex Members are not members of ITLex Incorporated, nor are Partners of IT-Lex partners of IT-Lex- the terms “Member” and “Partner” as used on the IT-Lex site have no relation to the membership or governance of ITLex Incorporated.
2. We don’t vouch for the accuracy of what you read on IT-Lex, and IT-Lex does not provide legal advice or assistance to anyone.
IT-Lex displays User Submissions, as defined in Section 8 below, as well as articles regarding technology law, and ITLex Incorporated does not vouch for the accuracy of anything on IT-Lex. Just because you read something on IT-Lex does not mean it is true – and ITLex Incorporated is not responsible if you read something on IT-Lex, take some sort of action based on your belief that whatever you read on IT-Lex is true, and you suffer some sort of harm or damage based on the action you took. ITLex Incorporated is not responsible for and makes no express or implied warranties, guarantees, or representations whatsoever as to the accuracy, truthfulness, reliability, or completeness of IT-Lex, or of any User Submissions, as defined in Section 8 below. IT-Lex could include typographical errors, inaccuracies or other errors, and unauthorized additions, deletions, and alterations could be made to IT-Lex by third parties. Information on IT-Lex can be changed or updated without notice. ITLex Incorporated is not responsible or liable for information posted on IT-Lex. Moreover, while IT-Lex may display law-related content, you should not rely on anything you read on IT-Lex to take or refrain from any actions, and IT-Lex is by no means providing legal advice or offering legal assistance to anyone.
3. Don’t give out your username or password.
4. ITLex Incorporated can terminate your account and access to IT-Lex.
ITLex Incorporated may, in its sole discretion, at any time and for any reason, terminate your access to IT-Lex at any time with or without cause, terminate this agreement (meaning the Terms – remember that these terms are an agreement between you and ITLex Incorporated), and suspend or delete your username and password and account at IT-Lex. ITLex Incorporated may also block your access to the IT-Lex site. If ITLex Incorporated decides to take any of the above-listed actions, your account may be disabled and you may not be granted access to your account or any files or other content contained in your account. ITLex Incorporated reserves the right to refuse service to anyone at any time without notice for any reason.
5. You agree to indemnify ITLex Incorporated for any damage you cause.
You agree to defend, indemnify, and hold ITLex Incorporated harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by ITLex Incorporated arising out of your use of IT-Lex, your access to IT-Lex, or any breach of these Terms.
6. You can’t use IT-Lex if you are under thirteen years of age.
You must be at least thirteen years of age to use IT-Lex, and ITLex Incorporated forbids anyone under thirteen years of age from using IT-Lex. Don’t lie about your age to use IT-Lex – you’ll eventually get older and be able to use IT-Lex once you are old enough.
7. You are responsible for what you post on IT-Lex.
IT-Lex is, in part, a public forum. You do not have to post anything on IT-Lex, or submit anything to IT-Lex. When you choose to voluntarily post content, opinions, thoughts, ideas and other materials on IT-Lex, you (not ITLex Incorporated) are responsible for the legal consequences of what you post. While ITLex Incorporated can not give you legal advice as to what you can or can not post on IT-Lex, be aware that individuals can be held personally liable for any commentary deemed to be defamatory, obscene (not swear words, but rather the legal definition of “obscene”), proprietary, or libelous (whether pertaining to ITLex Incorporated, individuals, or any other company for that matter). For these reasons, you should be careful if you exaggerate, use colorful language, or make derogatory remarks or characterizations. We also discourage any such exaggeration, colorful language, or derogatory remarks- and reserve the right to immediately remove and such content. You post content and communicate with others on IT- Lex at your own risk. Outside parties can pursue legal action against you (not ITLex Incorporated) for your postings and communications.
8. You grant ITLex Incorporated a license to use what you submit.
You can voluntarily post or display a variety of comments, information, images, files, links and other materials using IT-Lex (“User Submissions”), and you grant ITLex Incorporated and its assigns a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Submissions that you post on or in connection with IT-Lex (“User Submission License”). We always appreciate your User Submissions and use of IT-Lex, but you understand that we may use your User Submissions without any obligation to compensate you for them (just as you have no obligation to offer User Submissions). ITLex Incorporated reserves the right to, in its sole discretion, refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all the rights, power, and authority necessary to post your User Submissions. You agree that ITLex Incorporated has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or anything else on IT-Lex. ITLex Incorporated retains the right to create limits on IT-Lex’s use and storage space in ITLex Incorporated’s sole discretion at any time with or without notice. You agree that you will use IT-Lex in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
9. Everyone should be respectful on IT-Lex – therefore:
i. No harassing or offensive User Submissions. Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable comments are not ok. Anything facilitating or encouraging violations of these Terms is also unacceptable.
ii. No spamming or flooding. Do not post the same User Submission more than once.
iii. Don’t use automated means, such as bots, to access IT-Lex or collect user content or information.
iv. Don’t use IT-Lex, or User Submissions, to engage in or promote any unlawful multi-level marketing effort, such as a pyramid scheme.
v. Don’t submit or upload anything that violates the copyright or intellectual property rights of any person or entity.
vi. Don’t post or transmit a virus or any other harmful component.
vii. No impersonation. Adopting an inappropriate user name (one that is vulgar or offensive) is also unacceptable.
viii. Don’t solicit login information or access someone else’s account.
ix. Only include suitable URLs in your User Submissions- unsuitable URLs may be removed. Unsuitable sites would include those with racist material, pornographic or sexually explicit material, potentially defamatory material, anything which encourages illegal activities, material which infringes copyright, sites which purely plug or promote commercial products or services without containing material which enhances the subject matter, or sites which may offend our users.
11. ITLex Incorporated Doesn’t Own Third-Party Content, and Doesn’t Have an Obligation to Filter
ITLex Incorporated does not own and takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does ITLex Incorporated have any obligation to monitor, filter, remove, or refuse such third-party content. ITLex Incorporated reserves the right at all times to remove or refuse to distribute any content on IT-Lex, such as content which violates the Terms. ITLex Incorporated also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of ITLex Incorporated, its users, and the public. ITLex Incorporated will not be responsible or liable for the exercise or non-exercise of its rights under the Terms.
12. IT-Lex Mobile – ITLex Incorporated Isn’t Responsible for Your Cell Phone Bill.
You understand that when using any of our mobile services, your carrier’s normal rates and fees, such as text messaging fees, will still apply. If you change or deactivate your mobile telephone number, you will update your account information on the IT-Lex to reflect such a change within 48 hours to ensure that your messages are not sent to the person who acquires your old number. It is your responsibility to ensure that the mobile information you provide is accurate. Delivery of services requiring mobile communications is entirely dependent on the respective mobile communications supplier. ITLex Incorporated bears no responsibility for non-delivery of such services.
13. ITLex Incorporated Isn’t Responsible for Other’s Copyright Infringement.
We disclaim any responsibility or liability for copyrighted materials posted on IT-Lex. If you believe that your work has been copied in a manner that constitutes copyright infringement, please let us know - follow the procedures set forth in our copyright policy.
14. Disclaimer of Warranties
ITLEX INCORPORATED DOES NOT WARRANT THAT ACCESS TO OR USE OF IT-LEX WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT-LEX WILL BE CORRECTED. IT-LEX, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY IT-LEX-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ITLEX INCORPORATED SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH IT-LEX. ITLEX INCORPORATED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH IT-LEX.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF IT-LEX IT-LEX -RELATED SERVICES, AND HYPERLINKED WEB SITES. ITLEX INCORPORATED DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT ITLEX INCORPORATED SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF IT-LEX AND OF THE INTERNET.
15. Limitation of Liability Regarding Use of IT-Lex.
ITLEX INCORPORATED AND ANY THIRD PARTIES MENTIONED ON IT-LEX ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO IT-LEX, IT-LEX -RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN IT-LEX, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH IT-LEX, IT-LEX -RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING IT-LEX AND/OR THOSE SERVICES.
16. ITLex Incorporated Does Not Vouch for or Endorse Meetings.
Through IT-Lex we may provide a forum that enables our users to arrange physical gatherings at venues. ITLex Incorporated does not supervise, sponsor, or endorse these gatherings, and ITLex Incorporated is not involved in any way with the actions of any individuals at these gatherings. As a result, ITLex Incorporated has no control over the identity or actions of the individuals who are present at these gatherings, and you should exercise caution and good judgment when attending these gatherings. Users who organize meetings should make clear in their announcements, invitations, and signage that their meeting have not been organized or approved, and are not run, by ITLex Incorporated. You attend any
meetings at your own risk.
17. Revisions to the Terms, Termination of Access to IT-Lex, Mandatory Arbitration, and Choice of Law and Venue.
ITLex Incorporated reserves the right, in its sole discretion, to terminate your access to all or part of IT-Lex, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between ITLex Incorporated and you pertaining to the subject matter hereof. In its sole discretion, ITLex Incorporated may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. It is your responsibility to visit this page to determine the current Terms, as ITLex Incorporated does not have an obligation to notify you whenever ITLex Incorporated changes these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within IT-Lex.
In the event you have any dispute or claim relating to IT-Lex or these Terms, any questions or disagreement arising from or relating to IT-Lex, or these Terms or any breach of the Terms, you and ITLex Incorporated each agree that you ITLex Incorporated will first use your best efforts through Informal Dispute Resolution to settle the dispute, claim, question, or disagreement. If your claim regards copyright infringement, please additionally follow the procedures set forth in the Copyright Policy.
In the Informal Dispute Resolution process, you and ITLex Incorporated must first consult and negotiate with each other in good faith and attempt to reach a just and equitable solution satisfactory to both you and ITLex Incorporated before either your or ITLex Incorporated submit the dispute to mandatory arbitration or any other dispute-resolution body. To invoke the informal dispute resolution process, either you or ITLex Incorporated must tender a written notice of a Demand for Informal Dispute Resolution. If you wish to send such a demand to ITLex Incorporated, please email the notice to firstname.lastname@example.org. If ITLex Incorporated wishes to send such a demand to you, it will be sent to the email contained within your user account. This informal dispute resolution process lasts for sixty days, and if you and ITLex Incorporated do not reach a resolution as to your dispute sixty days after either you ITLex Incorporated first provided your Demand for Informal Dispute Resolution, then, upon notice by either you to ITLex Incorporated or ITLex Incorporated to you, all disputes, claims, questions, or differences shall be finally settled by arbitration (the “Mandatory Arbitration”).
You must agree to Mandatory Arbitration as a condition of use of IT-Lex. You and ITLex Incorporated both intend to arbitrate all disputes, claims, questions, or differences. Mandatory Arbitration is to your and ITLex Incorporated’s benefit, as it provides an efficient way to resolve your disputes. Mandatory Arbitration shall be submitted to and finally settled by arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes including the Optional Rules for Emergency Measures of Protection and shall be administered by either a single mutually acceptable independent arbitrator or by a single arbitrator selected pursuant to the American Arbitration Association’s rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
In the event that for any reason, a dispute between us is not subject to arbitration, you agree to resolution of such dispute on an individual basis, and that you will not serve as a class representative in such a suit, and that class actions against ITLex Incorporated are not permitted, and you agree to the resolution of such dispute in the state or federal courts located Florida, and in accordance with Florida law, without regard to its conflicts of law principles.