Last Modified: April 15, 2010
I. LIMITATION OF LIABILITY
Legally Binding Contract: This agreement is a legally binding contract. Your use of this website in any way constitutes your agreement to all of the terms and conditions contained herein. If you do not agree to abide by all of the terms contained herein, you must immediately stop using our service and accessing our website.
Modifications to the Terms of Service: The Terms of Service shall change from time to time without further notice. We reserve the right at our sole discretion to change, modify, add, or delete portions of the Terms of Service at any time. Such changes shall become effective immediately upon posting. If you use our service or our website after any such changes to the Terms of Service are posted, it means you have accepted all changes to the Terms of Service. It is your responsibility to review the Terms of Service every time you use our service or visit our website.
Communication Medium: IMS ExpertServices is a communication medium. Users may be permitted to post and upload content on our website which other users can read. Users are able to connect with other users. We may terminate, change, suspend or discontinue this service at any time without prior notice. We may also impose limits and restrictions on certain features or services without prior notice.
Use the IMS Website At Your Own Risk: Users who engage in business or social dealings with other users via our website do so at their own risk. We highly recommend for safety reasons that users be very careful, engage in significant due diligence and use an abundance of caution and common sense before meeting or dealing with other users. You acknowledge that posted identities of other users are not verified and may be completely false and/or intentionally misleading.
Reliance on Website Information: IMS ExpertServices does not warrant or guarantee that any of the information posted on this website or uploaded to this website by other members is accurate, complete, thorough, original or posted with all necessary third party approvals. We disclaim all such warranties. You agree that your use any such information shall always be at your own risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice or other content available through this web site. You agree that you will not hold IMS ExpertServices or any IMS member liable for any injury or damage of any kind that might result from your reliance or disregard on any or a portion of such information. We strongly recommend that you consult with a qualified attorney or other knowledgeable professional in person before relying on any information or content obtained from this website.
No Warranty of Any Kind: IMS ExpertServices does not warrant nor make any representations about the suitability of the services, information, content or software contained on our website for any purpose or any user. Our service is provided "as is" or "as available" without warranty of any kind, express or implied. We specifically disclaim any warranty of title, non-infringement, merchantability and fitness of use or purpose. We disclaim any warranty for information, data, uptime or uninterrupted access, accuracy, precision, correctness, thoroughness, completeness, usefulness or content. We do not promise, warrant or guarantee that our service will yield any type of results such as the acquisition of new clients or business. We assume no responsibility and disclaim any liability for any damages caused by viruses and other malicious applications and components that may infect your equipment on account of your access to, use of, or browsing the web site or your downloading of any materials, data, text, images, video or audio content from the web site. If you are dissatisfied with the web site, your sole remedy is to discontinue using the web site. We do not endorse and are not responsible for any offensive, indecent, unlawful or infringing posting made on this web site by anyone other than our employees while acting in an official capacity.
Limitation of Liability: Under no circumstances for any reason, including negligence, will IMS ExpertServices be liable for any damages of any type including but not limited to direct, indirect, incidental, special, exemplary, or consequential damages, loss of revenues, goodwill or lost profits, personal injury, advertising injury, or property damage that may result from the use of our service or the inability to use our service, the content, materials and functions related thereto, even if we have been advised about the possibility of such damages.
Indemnity: User hereby agrees at his or her own expense, to indemnify, defend and hold IMS ExpertServices, its affiliates, officers, employees and agents harmless from and against any loss, cost, damages, liability, or expense, including attorneys’ fees, arising out of or relating to (1) a third-party claim, action or allegation of infringement based on information, data, files or other content that the User submits to our site; (2) any fraud, manipulation, or other breach of this Agreement by a User; (3) your placement of or transmission of any message, content, information, software or other materials through this web site and (4) your breach or violation of law or of these terms and conditions.
No Guarantee of Accessibility to Site: IMS ExpertServices does not promise, warrant or guarantee timely, continuous, uninterrupted or secure access to our website content, materials and/or services or that any defects will be fixed. Operation of our website may be interfered with and interrupted by numerous factors within or outside of our control.
No Responsibility for Content Posted on Our Website: IMS ExpertServices may not screen, edit or review all content that is posted on our website. Consequently, we are not and cannot be responsible for the content on our website. Users agree that all content including information, data, text, photos, graphics, video, audio and other materials whether publicly posted or privately transmitted is the sole responsibility of the party from which such content originated. As such, users understand and accept that by using this service they may be exposed to content that is false, offensive, inaccurate, indecent or objectionable. We make no warranty as to the accuracy of the content and expressly disclaim any and all liability for any claims of damage that may arise from the posting or transmission of content. Users specifically agree that we shall not be liable for any content posted on or communicated through our website. Users assume and bear all the risk of using any user-generated content posted on our site in the event such content turns out to be inaccurate, misleading or injurious.
Right to Monitor and Remove: IMS ExpertServices reserves the right not to post or to remove any content posted on our website without notice and without liability to us. We are under no obligation to remove or monitor any content and we do so at our sole discretion. Users release us from any and all claims that may result from such removal. If we are made aware of comments that are potentially (1) libelous, scandalous, defamatory, offensive or otherwise unacceptable, undesirable, or objectionable, or (2) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy, then we may, at our sole discretion, investigate the charge and determine whether removal of the content is warranted. We may also impose limits on certain features or restrict or prohibit your access to the web site without notice if we believe you are in breach of these terms and conditions, applicable law or any other reason.
No Attorney Client Relationship Established: You agree that no attorney client or other professional relationship is ever established simply by your using this website. You agree that for you to form an attorney client or other professional relationship with any attorney or user of this web site, it must be done by the parties offline.
II. ELIGIBILITY REQUIREMENTS
IMS ExpertServices: To join IMS ExpertServices, you must be a highly credentialed expert with notable industry or academic experience and/or litigation support experience. If at any time during your membership, you become ineligible to practice as an expert witness, you must immediately notify us so that your membership can be terminated.
Fraudulent Applications: Any attempt to fabricate your identity when submitting an application for membership is fraudulent and legal action may be taken against you.
Liquidated Damages: You understand and agree that because damages are often difficult to quantify, if we are required to pursue legal action against you to enforce these Terms of Service, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable damages for the following breaches of these Terms of Service:
If you attempt to join this website and submit a fraudulent application in an attempt to circumvent the eligibility requirements set forth above, you agree that the reasonable damages for such a breach is $10,000, plus reasonable attorneys’ fees and costs of enforcement of this Agreement.
We reserve the right in our sole discretion to ban any person or business from using this website. USERS WHO VIOLATE THE TERMS OF SERVICE MAY BE PERMANENTLY BANNED FROM USING THIS SERVICE.
III. CONTENT AND CONDUCT
License: See Intellectual Property section below.
Posting Policies: Software files, images, text or other information transmitted, posted, linked or uploaded on or through our website must not be abusive, defamatory, obscene, harmful, fraudulent, or in violation of applicable laws. We do not permit linking to adult, x-rated, or other offensive or unrelated material. You agree that if you include a link from any other web site, such link shall open in a new browser window and shall link to the full version of the HTML formatted page of this web site. You are not permitted to link directly to any image hosted on our web site or our services to cause the image hosted by us to be displayed on another web site for any purpose. You are not permitted to provide a link to a web site that would permit any content of materials on this web site to be framed and surrounded by any third party content, materials or branding. We are not responsible for any content and materials of linked web sites nor any form of transmission you receive from a linked web site. Any reliance on the content of a linked web site is done at your own risk.
Prohibited Conduct: You are responsible and liable for all of your activities and listings on our website. The following conduct is not permitted: advertising, promoting or marketing a commercial website aimed at experts that competes with this website without our express written permission.
Insertion of your own or a third party’s advertising, branding or promotional content into any of the web site’s content, materials or services or use, redistribution, republishing or exploiting such content or service for any further commercial or promotional purpose.
The transmission or posting of content that is defamatory, harmful, threatening, harassing, abusive, racially or culturally offensive, vulgar, sexually explicit, pornographic or obscene.
The transmission or posting of unsolicited or unauthorized advertising, promotional materials, direct marketing pieces, junk mail, junk advertising, spam, chain letters, pyramid schemes, or any other form of solicitations not authorized by us in writing.
The transmission of materials that contain viruses, spyware, harmful component, embedded links or any type of computer codes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The posting of content that is illegal, fraudulent, infringes on the intellectual property of another or in any way encourages, solicits illegal, criminal activity or gives rise to civil liability or otherwise violates any law.
The posting of pornographic or x-rated material. Linking to adult websites. Offering prostitution services. Impersonating any person or entity or misrepresenting your affiliation with another person or entity.
Harvesting email addresses, spidering, screen scraping, database scraping or any other automatic means of obtaining user information. Using this website to email our users to market or advertise anything unrelated to the user's listing.
Accessing or attempting unauthorized access to computer systems, materials or information by any means.
Disrupting the flow of content or discussion by repeatedly posting and flooding the same content over and over or by any other activity.
Use of the web site or such services in any manner with the intent to interrupt, damage, disable, overburden or impair the web site or such services.
Harassing other users via email or listings. Unsolicited "spam" messages unless expressly authorized by the recipient.
Using this website for direct marketing or other sales contacts outside our service.
Manipulating the content of another user.
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through our service.
Using an automated device, program, algorithm or bot program to create or respond to requests, or to otherwise extract information from our website.
Interfering with or disrupting our service or the servers or networks connected to our service, circumventing, reverse engineering, decrypting or otherwise altering of interfering with the web site, its content or its functions.
Usernames or listings that contain obscene words, derogatory or racist or culturally offensive remarks, or references to sexual acts or sexual anatomy.
Harvesting content from this site.
Use of the web site and its services in violation of any applicable laws, rules and regulations and IMS ExpertServices’ intellectual property, proprietary or legal rights.
Obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provide for through the web site.
Violation of any of the above can result in the termination of user privileges and legal action.
Termination of Access: We may terminate your access to our website and service at any time for any reason without notice. Once your access is terminated, you cannot engage in the service in any manner or for any reason without our express written consent.
Junk or Fraudulent Advertising: We reserve the right to require a name, physical address and telephone number from any user as a condition precedent for posting content on our site.
IV. INTELLECTUAL PROPERTY
Ownership: We retain ownership of all right, title and interest in and to our website, our services and all content on our site. User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose our services, and/or content or access to our services and content. User shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software accessible or available through our services.
User Content: By submitting, posting, uploading or sending any content to our website, User grants us and our affiliates a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive, assignable, fully sublicensable right and worldwide license to use such content on the website and copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate into other works all user submitted materials and content (in whole or in part) in any form, media or technology know or later developed, including for promotional and/or commercial purposes. User also warrants that the holder of any intellectual property or other proprietary rights in that information have been licensed, waived or assigned to the extent necessary to grant the license from User to us. We are not responsible for maintaining any user submitted materials or content and we may delete, destroy such materials and content at any time.
Copyright and Trademark: The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, any copying, redistribution, or publication of any such content or any part of the Site is prohibited. All contents of this website are: “Copyright 2010 IMS ExpertServices. All rights reserved”.
Intellectual Property Rights of Others: By transmitting, posting, linking or uploading content to our website or through our website, users represent and warrant that the content does not infringe upon the copyright or any other statutory or common-law intellectual property rights (including, but not limited to, trademark, service mark, and trade name rights), proprietary rights (including, but not limited to, trade secrets), or rights of privacy or publicity of any third party.
Digital Millennium Copyright Act: If you believe that your copyright has been violated in any way, please provide us with the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed in addition to the URL (i.e., Internet address) or other specific location on the Service where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.
3. A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.
4. Your address, telephone number, and e-mail address.
5. 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.
6. A statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Copyright Agent: firstname.lastname@example.org Deborah Brousseau 4400 Bayou Blvd. Suite 6. Pensacola, FL 32503
V. TERMINATION AND MODIFICATION OF AGREEMENT
Modification of Site: We reserve the right in our sole discretion to improve, modify or remove any information or content appearing on the website. We may discontinue or revise any or all aspects of the website in our sole discretion and without prior notice.
Modification of Terms of Service: We reserve the right to change the terms, conditions, and notices under which this website is offered at any time. Modification of this Agreement will be deemed effective upon publication on the website with respect to any user's actions, communications or transactions occurring after said date. It is the user's responsibility to check the Terms of Service each time our service or website is used.
Termination: We reserve the right to terminate any User for any reason and our convenience, including without limitation to whenever a User breaches any of the terms or conditions of this Agreement. We may, at our sole discretion, suspend provision of services (including access) or terminate this Agreement. Whether or not a breach results in suspension or termination depends on several factors all within our sole discretion, including but not limited to the severity of the breach, the potential harm to other users or to us or the integrity of our site, and whether or not the breach is repeated or cured. Termination may be affected at any time without any prior notice. Users agree that no liability shall arise from any termination.
Deleting Account: You can delete your account at any time by sending a request to email@example.com.
IMS ExpertServices is Free: IMS ExpertServices is 100% free for all users. We do not guarantee that it will always be free.
Newsletter: By joining IMS ExpertServices, you acknowledge and agree that you may be sent a newsletter. You can opt out of the newsletter at any time by so indicating when you receive your first newsletter.
Entire Agreement: This Terms of Service Agreement constitutes the entire agreement between the User and IMS ExpertServices with respect to our services and supersedes all prior agreements between User and us. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or concerning the interpretation or performance of this Agreement, or related to the use of this website, that cannot be resolved through negotiation shall be submitted to binding arbitration conducted by a Florida Bar Board Certified Mediator selected by us. Such arbitration shall occur in Pensacola, Florida exclusively under the rules selected by the mediator. Any judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. Such mediator may award reasonable attorneys’ fees to any party. By agreeing to binding arbitration, all parties hereby waive their right to a legal and jury trial and the right to appeal.
Governing Law: The laws of the United States of America and the State of Florida (excluding its choice of law rules) will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of located in Escambia County, Florida, for any action arising out of or relating to use of this website.