1) Acceptable Use. This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege. The Site is available only to individuals who are at least 13 years old.
a) Posting Rules.
i) Materials you post to the Site may not contain: (1) URLs or links to web sites that compete with the Site; (2) trade secrets (unless you own them or have the owner’s permission to post them); (3) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (4) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (5) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; or (6) anything that is embarrassing or offensive to another person, group or entity.
ii) You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of your own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.
iii) Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted.
v) By submitting Content to InDependent for inclusion on the Site, you grant InDependent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, InDependent will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
vi) Without limiting any of those representations or warranties, InDependent has the right (though not the obligation) to, in InDependent’s sole discretion (i) refuse or remove any content that, in InDependent’s reasonable opinion, violates any InDependent policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in InDependent’s sole discretion. InDependent will have no obligation to provide a refund of any amounts previously paid.
b) Content Posted on Other Sites.
i) We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which In-Dependent.org links, and that link to In-Dependent.org. InDependent does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non-InDependent website or webpage, InDependent does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. InDependent disclaims any responsibility for any harm resulting from your use of non-InDependent websites and webpages.
c) Conduct Rules.
i) You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
ii) You may not send (or encourage or help others to send) unsolicited commercial email to our users.
iii) Report inappropriate postings or conduct to email@example.com.
iv) You may not delete or revise any material posted by any other person or entity.
v) Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.
vi) We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
c) Security Rules.
i) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (3) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (4) sending unsolicited email, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
ii) Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
d) Registration Rules.
ii) We will assign a user name and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password.
iii) If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
iiiv) By registering as a user on this Site, you agree to the fee listed at the time you complete your profile. You agree to be charged annually using the financial information you provided at the rate when you listed your account. At any time you may delete your profile and stop your subscription to the services provided by this Site.
3) Rights Reserved.
a) We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use.
c) InDependent, In-Dependent.org, and the In-Dependent.org logo, and all other trademarks, service marks, graphics, and logos used in connection with the Site are trademarks or registered trademarks of InDependent. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any InDependent or third-party trademarks.
a) We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b) The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.
c) You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials.
d) Our writers who post articles to our Site are not employed by InDependent, Inc. Each writer is solely responsible for the content of their articles. We do not undertake responsibility for screening or monitoring our writers’ materials. The opinions expressed by the writers are their own and are not our opinions or endorsed by us or the US Department of Defense.
e) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give to a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
f) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members, or writers. The information in our directories is provided exclusively by participating professionals. Participating professionals have been randomly “verified” in that we have made good faith, reasonable efforts to verify the following and have found no contrary information:
i) The name and contact details provided by the professional.
ii) That the professional’s license, if applicable, is valid within the state in which he or she practices.
iii) That the professional is not subject to any license strictures preventing practice.
We verify the information at the time a professional is initially listed in our directory.
h) Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
6) Limits of Liability.
B) THE LIABILITY OF US AND ANY OF OUR VOLUNTEERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
9) Notices. You shall send notices to us by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.
10) Amendment. InDependent reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. InDependent may also, in the future, offer new services and/or features through the Site (including, the release of new tools, programs, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12) Miscellaneous. This Agreement constitutes the entire agreement between InDependent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of InDependent, or by the posting by InDependent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maryland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Baltimore, Maryland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; InDependent may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.