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AS A CONDITION OF YOUR BECOMING A REGISTERED CONTRIBUTOR, YOU EXPRESSLY AGREE TO OUR TERMS OF USE AGREEMENT (IF YOU DO NOT AGREE TO OUR TERMS OF USE, DO NOT REGISTER AS A CONTRIBUTOR TO THIS WEBSITE. You additionally hereby represent and warrant that: (1) you are at least 18 years old, (2) you are legally able to enter into said Terms of Use Agreement, and (3) you are, or are registering as an authorized representative and agent of: (a) a currently licensed attorney or certified public accountant, (b) a law firm or certified public accounting firm, (c) a legal entity or charitable organization whose mission directly relates to researching or disseminating information on legal, regulatory, or tax matters, or (d) a legal or tax scholar holding a JD, LLM, PhD, or equivalent degree from an accredited institution of higher learning.
M. Format Alteration. We reserve the right to change the format of this Website in any manner and at any time, without prior notice to You, including, without limitation, changing the manner in which it is a Continuing Resource, or that it discontinue being a Continuing Resource or an ISSN registered Continuing Resource, or any other format change, discontinuation, or modification, as we see fit in our sole discretion.
5. Registered Information Content Provider(s). In order to post and publish Provided Content (other than advertisements) on this Website, You must be a Registered Information Content Provider. Registered Information Content Providers are limited to parties who are licensed attorneys, certified public accountants, individuals associated with legal entities or educational or charitable organizations whose mission directly relates to researching or disseminating information on legal, regulatory, or tax matters, and business, legal, or tax scholars holding a JD, LLM, PhD, or equivalent degree from an U.S. accredited institution of higher learning. We may, without any obligation to do so, request that a party seeking to become or continue to be a Single Journal Account holder, Multiple Journal Account holder, Registered Information Content Provider, or individual author associated therewith, provide additional information as a condition of becoming or continuing to be a Registered Information Content Provider. You acknowledge and agree to Our right, without obligation, to rely on the representations of any and all parties that are, or are applying to become, a Single Journal Account holder, Multiple Journal Account holder, Registered Information Content Provider, or individual author associated therewith and that We shall have no obligation whatsoever to independently verify any such representations or warranties any such party makes to Us and that any instance of Our requesting information from any such party does not create an obligation for Us to do so in other instances.
A. Representations and Warranties. By submitting, posting or publishing Provided Content, whether personally, through a representative, or by requesting our technical assistance in his, her, or its doing so, each Single Journal Account holder, Multiple Journal Account holder, and Registered Information Content Provider, jointly and severally, represent and warrant with respect to such Provided Content that:
(i) All such Provided Content shall be continuously current, truthful, accurate, complete, and up-to-date and should any such Provided Content be or become false, misleading, inaccurate, incomplete, or out-of-date, such parties have the obligation to and shall make the Provided Content current, truthful, accurate, and up-to-date. Each such party shall remain fully, jointly, and severally responsible for all such Provided Content
(ii) No such Provided Content shall be a(n): (a) solicitation for business or an advertisement, except as is posted pursuant to the additional terms of a mutually executed Advertising Agreement, (b) misrepresentation the name, identity, or other information of any party, including, without limitation, his, her, or its own information; (c) infringement of the legal rights of any party, including, without limitation, the intellectual property rights of any third-party; (d) a violation of the non-public contact, personal, or other information of any third-party with a lawful and enforceable expectation that such information is and should remain private; or is (e) offensive, libelous, obscene, intrusive, or abusive. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, WE SHALL HAVE THE RIGHT, WITHOUT OBLIGATION, TO REFUSE OR DELETE ANY PROVIDED CONTENT WHICH IN OUR SOLE OPINION VIOLATES THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THIS SUBSECTION, AND WITHOUT ANY FURTHER OBLIGATION OR REFUND; PROVIDED THAT ANY REGISTERED INFORMATION CONTENT PROVIDER THAT REPEATEDLY INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS SHALL BE TERMINATED, WHICH MAY INCLUDE BOTH ACCOUNT SUBSCRIBERS AND THEIR ASSOCIATED AUTHORS. THIS RIGHT NOTWITHSTANDING, ALL PROVIDED CONTENT SHALL BE THE SOLE AND COLLECTIVE RESPONSIBILITY OF THE APPLICABLE SINGLE JOURNAL ACCOUNT HOLDER, MULTIPLE JOURNAL ACCOUNT HOLDER, AND REGISTERED INFORMATION CONTENT PROVIDER AND WE SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, CLAIMS, OR CAUSES OF ACTION RELATED TO ANY PROVIDED CONTENT, EVENT, OR OCCURRENCE RELATED ANY SUCH ACCOUNT, OR ANY VIOLATION BY SUCH PARTIES OF THESE TERMS OF USE.
(iii) Each such party shall not let other parties use his, her, or its except strictly as an authorized representative of that party and that each such party shall have the obligation to keep all account log-in and password information confidential and shall jointly and severally indemnify Us and Our Affiliates, and hold Us and Our Affiliates harmless, from any legal claims, damages, liabilities, or causes of action of any every manner whatsoever that result from his, her, or its failure to restrict access to his, her, or its account and log-in information, as well as all events, actions, or occurrences associated with her, her, or its account. In the event that any such party knows or has reason to suspect that his, her, or its account or Log-in Information has been compromised, he, she, or it shall immediately notify Us and We shall have the right to take measures to protect any such account and the Website or Services, that We deem necessary in Our sole discretion.
(iv) Each such party will fully cooperate with Us and promptly perform or implement all actions that are reasonably necessary to protect Us, this Website, Our System, Services, and Affiliates from any liability or claim of liability related to Services Provided under this Agreement. In the event that You fail to do so, We, with or without prior notice to You, may take any action deemed necessary or actually or potentially useful, in our sole discretion, in furtherance of such objectives, including, without limitation, the suspension, deletion, or termination of any Provided Content or Registered Information Content Provider account.
(v) Each such party is shall promptly delete his, her, or its Provided Content (including, without limitation, any banners, profiles, and postings) in the event he, she, or it wishes to either discontinue or not otherwise maintain any specific Provided Content or wishes to discontinue Our services. (Changes and deletions can be made to the Registered Information Content Provider’s Profile or Dashboard, accessible through links found at the bottom of the Homepage of the Website. A Registered Information Content Provider may also contact Us directly should he, she, or it need assistance.)
(vi) Each such party have all necessary rights and permissions to submit, use, display, and license such Provided Content consistent with these Terms of Use.
B. Grant of License. Each Registered Information Content Provider hereby grants Us and Our designated Affiliates, contractors, and sub-licensees an irrevocable, royalty-free, worldwide license and right to copy, transmit, distribute, sub-license, publish, display, disseminate, and in all lawful means profit from the Provided Content, and links thereto, as a part of the Website, Our Services, System, or otherwise, including, without limitation, through this Website and other websites, RSS Feeds to other websites, newsletters and news wire services, and links to Provided Content. In Our sole discretion, author hard copies may be made available for order in collected works or otherwise by Us or Our Affiliates or licensees, subject to additional terms and conditions.
C. Joint and Several Responsibility and Liability. WHERE A SINGLE JOURNAL ACCOUNT OR MULTIPLE JOURNAL ACCOUNT IS SUBSCRIBED TO BY A LEGAL ENTITY OR ORGANIZATION, BOTH THE ENTITY OR ORGANIZATION AND EACH INDIVIDUAL AUTHOR OF PROVIDED CONTENT SHALL BEAR JOINT AND SEVERAL RESPONSIBILITY FOR ANY LIABILITY, MAINTENANCE, OR DELETION OF SUCH PROVIDED CONTENT AND ALL PARTIES HERETO ACKNOWLEDGE, REPRESENT, AND WARRANT THAT WE SHALL BEAR NO LIABILITY FOR ANY SUCH PROVIDED CONTENT. WE SHALL NOT BE LIABLE TO ANY PARTY FOR THE LOSS OF ANY PROVIDED CONTENT OR ANY OTHER INFORMATION, DATA, OR FILES AND WHETHER SUCH LOSS OCCURS BY ACCIDENT, OMISSION, OR OTHERWISE. REGISTERED ACCOUNT HOLDERS HAVE THE OBLIGATION TO BACKUP ALL OR THEIR RESPECTIVE PROVIDED CONTENT.
D. Indemnification. EACH SINGLE JOURNAL ACCOUNT SUBSCRIBER AND MULTIPLE JOURNAL ACCOUNT SUBSCRIBER SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, POSTINGS, EVENTS, CLAIMS, OR DAMAGES ASSOCIATED WITH THE USE OF HIS, HER, OR ITS REGISTERED ACCOUNT(S) AND SHALL INDEMNIFY AND HOLD US AND OUR MEMBERS, MANAGERS, PRINCIPALS, EMPLOYEES, CONTRACTORS, AND AFFILIATES HARMLESS FOR EACH AND EVERY CLAIM, DAMAGE, OR CAUSE OF ACTION RELATED TO THE PROVIDED CONTENT, EVENTS, ACTIONS, AND OMISSIONS RELATED TO EACH SUCH ACCOUNT, EXCEPT THAT SINGLE JOURNAL ACCOUNT HOLDERS AND MULTIPLE JOURNAL ACCOUNT HOLDERS AND THEIR REGISTERED INFORMATION CONTENT PROVIDERS EACH SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR ANY AND ALL ACTIONS, POSTINGS, AND EVENTS ASSOCIATED WITH EACH SUCH RESPECTIVE INFORMATION CONTENT PROVIDER ACCOUNT AND SHALL JOINTLY AND SEVERAL INDEMNIFY AND HOLD US AND OUR MEMBERS, MANAGERS, PRINCIPALS, EMPLOYEES, CONTRACTORS, AND AFFILIATES HARMLESS FOR EACH AND EVERY CLAIM, DAMAGE, OR CAUSE OF ACTION RELATED TO THE PROVIDED CONTENT, EVENTS, ACTIONS, AND OMISSIONS RELATED TO EACH SUCH RESPECTIVE INFORMATION CONTENT PROVIDER ACCOUNT.
E. Subscription Fees. All Single Journal Account and Multiple Journal Account Subscription Fees, or any per post portion thereof, are deemed earned in-full and non-refundable upon posting of the per post portion of the Provided Content.
F. Provided Content Termination, Hosting, and Deletion. You may terminate the availability of Provided Content on the Electronic Journal and as may be distributed through RSS Feeds and links at any time by accessing Your dashboard. We shall make a good faith effort, without an obligation to do so, to continue to host Your Provided Content for a minimum of twenty-four (months) after the Provided Content is first posted, and shall have the right (without the obligation) to continue to do so in perpetuity, unless early deleted by You. We shall have the right to delete any Provided Content the continued publishing of which in our sole discretion violates or is inconsistent with any provision in these Terms of Use, Our DMCA Policy, or the rights of third-parties. We shall have the right to terminate any account of a Registered Information Content Provider who violates these Terms of Use and without any further obligation or refund.
G. Provided Content Change or Deletion. Registered Information Content Providers may change or delete any Provided Content at any time the Website is available without our approval or prior permission.
H. Use of Representatives. In the event Provided Content is submitted or posted by a representative or agent of a Registered Information Content Provider, such representative or agent represents and warrants that he, she, or it is authorized to do so by such Registered Information Content Provider, who shall continue to responsible for such Provided Content as set forth herein these Terms of Use.
I. Professional Designations. Registered Information Content Providers shall not use any professional designation or credentials unless she or he is actively licensed and in good standing with any applicable licensing board or governmental agency.
J. No Fiduciary Duties. By using this Website, Our Services, or System, you acknowledge and agree that we owe You know special fiduciary duty with regard to Our Providing the same, similar, or entirely other or exclusive services to individuals, legal entities, or organizations that may be in competition with You.
K. Compliance with Law & Professional Codes. You acknowledge and agree that it is entirely Your own obligation to ensure that Your use of this Website, Our Services, or System is consistent with applicable codes of professional responsibility and other applicable state bar opinions and policies, or other applicable professional, company, organizational, or tax codes, policies, or regulations prior to such use.
